Mahato (Migration)

The Administrative Appeals Tribunal considered an application by Mr Mahato for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The applicant sought review of a decision to refuse his visa application, specifically concerning the nomination requirements for the visa.

The Tribunal was required to determine whether the applicant's nominated occupation as a Commis Chef met the relevant criteria for the Subclass 187 visa, and if so, to consider the remaining criteria for the visa.

The Tribunal found that the applicant met the criteria under cl.187.233(3) of Schedule 2 to the Regulations in relation to his nomination. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the specified criteria for the visa.