Kumar (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for the position of Retail Manager. The applicant sought review of a decision concerning their visa application. The Tribunal, constituted by Member Mark Bishop, was required to consider whether the applicant met the criteria for the visa, specifically clause 187.233 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position, made by The Trustee for Shadmani Family Trust, met the requirements of clause 187.233. This clause outlines several conditions, including that the nominated position must be located in regional Australia, the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the nomination, approved on 21 October 2019 under matter number 1800442, satisfied clause 187.233 of Schedule 2 to the Regulations. Having determined that this specific criterion was met, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for the Subclass 187 visa.