Kumar (Migration)

This matter concerned an appeal by Mr Kumar regarding his application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream. The Administrative Appeals Tribunal (AAT) was required to consider the employer's nomination and the applicant's eligibility for the visa.

The primary legal issue before the Tribunal was whether the employer's nomination for Mr Kumar was valid and, if so, what the appropriate course of action should be for the visa application. The Tribunal had to determine if the nomination met the requirements of the *Migration Regulations 1994* (Cth) and, consequently, if Mr Kumar satisfied the relevant visa criteria.

The Tribunal found that the employer's nomination in respect of Mr Kumar was approved on 23 February 2018, pursuant to regulation 5.19(4) of the *Migration Regulations 1994* (Cth). This approval meant that Mr Kumar met criterion cl.187.233(3) of Schedule 2 to the Regulations. Consequently, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining eligibility criteria for the visa.