Lee (Migration)

This matter concerned an appeal by the applicant, Lee, regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa application under the Direct Entry stream. The core of the dispute involved the approval of the applicant's nomination, which had been initially refused by a delegate but subsequently approved by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant's nomination met the relevant criteria under the *Migration Regulations 1994* (Cth) for a Subclass 187 visa. Specifically, the Tribunal was required to determine if the nomination, having been approved by it, satisfied the requirements of clause 187.233 of Schedule 2 to the Regulations for the primary applicant and clause 187.311 for the secondary applicants.

The Tribunal found that the nomination was indeed met by the applicants. Consequently, it remitted the application for reconsideration with a direction that the primary applicant satisfied clause 187.233 and the secondary applicants satisfied clause 187.311 of Schedule 2 to the Regulations.