Kumar (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for the position of Web Administrator. The applicant's request for referral for Ministerial Intervention had been declined, and the decision under review was affirmed.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233, specifically concerning the approval of the nomination for the position. This clause mandates that the nominated position be located in regional Australia, be the subject of an approved nomination application, and that the nominator be the prospective employer. Further requirements include that the nomination must not have been withdrawn, there must be no adverse information known to the Department about the nominator or associated persons, the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal's reasoning focused on the status of the nomination application. Records indicated that the nomination was lodged on 5 April 2019, refused on 20 August 2019, and subsequently reviewed by the Tribunal. On 30 June 2023, the Tribunal affirmed the decision to refuse the nomination. The Tribunal notified the applicant that this affirmed refusal of the nomination would likely lead to a finding that the applicant did not meet clause 187.233(3), which requires an approved nomination. Consequently, the Tribunal indicated it might affirm the decision under review in respect of both the primary and secondary visa applicants.