Li (Migration)

This matter concerned an appeal by an applicant for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, in the role of Quality Assurance Manager. The primary dispute revolved around whether the applicant had an approved nomination for the position, a key requirement for this visa subclass. The decision was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant met the criteria under clause 187.233 of Schedule 2 to the Migration Regulations, specifically concerning the approval of the nomination for the Quality Assurance Manager position. This involved assessing whether the nominated position was the subject of an approved nomination, whether the employer was the nominator, if the nomination had been withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominated position, that of Quality Assurance Manager, met the requirements of ANZSCO 139914 and that the applicant possessed the necessary qualifications and experience, including a Master of International Health degree and an IELTS score of 6.5. Crucially, the Tribunal reviewed new evidence presented at a hearing, which included a contract of employment commencing on 18 October 2017 for a period exceeding two years with a salary of $60,000 plus superannuation, and Regional Certifying Body advice dated 5 April 2018. Based on this evidence, the Tribunal was satisfied that the applicant met the criterion under clause 187.233.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The direction was that the first named applicant met the criteria under clause 187.233, and the secondary applicants met the criteria under clause 187.311.