LAI (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for the position of Systems Administrator. The applicant's nominating employer, Bebe Pharmacy Kingdom Pty Ltd, had initially applied for approval of the nomination, which was refused by the Department. The employer then sought review of this decision before the Tribunal. The Tribunal, constituted by Cathrine Burnett-Wake, considered whether the requirements of clause 187.233 of the Migration Regulations 1994 were met.

The primary legal issue before the Tribunal was whether the nomination for the Systems Administrator position met the criteria set out in clause 187.233. This clause, as applicable, required that the nominated position be located in regional Australia, that the applicant be identified in relation to the position (for nominations made on or after 1 July 2017), that the employer who made the nomination be the one who would employ the applicant, that the nomination had been approved and not withdrawn, that there was no adverse information known to Immigration about the nominator or associated persons, or that such information could be disregarded, that the position remained available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the employer's nomination had been approved by the Tribunal on 9 November 2020, setting aside the Department's refusal. Consequently, the Tribunal concluded that clause 187.233 was satisfied. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for consideration of the remaining visa criteria. The Tribunal also noted that the second applicant, who applied as a member of the first applicant's family unit, would have her application determined by reference to the outcome of the first applicant's application upon remittal.