Mehta (Migration)

This matter concerned an appeal by the applicant, Mehta, regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa. The core dispute revolved around whether the applicant's employer nomination for the visa had been approved, a prerequisite for the visa application. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria for a Subclass 187 visa nomination, including that the nominated position must be the subject of an approved nomination, that the employer who made the nomination is the person who will employ the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that while the employer's nomination was initially refused by a delegate, the Tribunal itself had subsequently set aside that refusal and substituted a decision approving the nominated position. The Tribunal was satisfied, based on the evidence before it, that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration. Consequently, the Tribunal found that the applicant met the requirements of clause 187.233.

The Tribunal therefore remitted the visa applications for reconsideration by the Minister, with the direction that the first applicant met the criteria specified in clause 187.233.