Mainali (Migration)

The Administrative Appeals Tribunal considered a matter concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for a Personal Assistant position. The applicant sought review of a decision that refused the nomination for this visa.

The primary legal issue before the Tribunal was whether the nomination for the position met the requirements of clause 187.233 of the Migration Regulations. This clause outlines several criteria, including that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the employer is the nominator. Additionally, it requires that there be no adverse information known to Immigration, or that such information be disregarded, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominated position, a Personal Assistant (ANZSCO 521111), was the same as that subject to the relevant nomination application and the visa application declaration, thus satisfying clause 187.233(1). It also determined that the employer was the nominator, meeting clause 187.233(2). Crucially, the Tribunal had previously set aside the Department's refusal and substituted a decision approving the appointment for the position. Based on this prior approval, the Tribunal concluded that the visa applicant met the requirements of clause 187.233(3).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 187.233.