Mand (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for the nominated position of Cafe or Restaurant Manager. The applicant sought review of the delegate's decision to refuse the visa, which was based on the refusal of the associated nomination application by the Department on 5 April 2018. The applicant appeared before the Tribunal to present evidence and arguments in support of his review application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.223(3) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nominated position must be the subject of an approved nomination application lodged in the Direct Entry stream, located in regional Australia, and that the nominator must be the prospective employer. Crucially, the nomination must have been approved and not subsequently withdrawn, and the position must remain available to the applicant.

The Tribunal considered the applicant's evidence, which included details of his engagement with a migration consultant, his prior studies in Perth, his job application via SEEK, and his visit to the nominator in Warwick, Queensland. The applicant stated he received training and an offer for the Restaurant Manager position, conditional on the departure of the existing manager. He also explained that his employer provided documents to the migration consultant for the visa and nomination applications. However, the Tribunal noted that the delegate's decision, supported by documentation submitted by the applicant, confirmed the nomination application lodged by The Trustee for the Wellngood Trust was refused by the Department on 5 April 2018.

The Tribunal affirmed the delegate's decision. The core reason for the refusal was that the nomination application, a prerequisite for the visa under clause 187.223(3), had been refused by the Department. As the nomination was not approved, the applicant could not satisfy this essential criterion for the Subclass 187 visa.