MELLING (Migration)

This matter concerned an application for review of a decision relating to a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically the Direct Entry stream for a Travel Agency Manager. The applicant sought to have the nomination approved and the visa granted, while the second named applicant sought to be removed from the application. The case was heard by Karen McNamara.

The primary legal issues before the Tribunal were whether the first named applicant met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994, and whether the Tribunal had jurisdiction in relation to the second named applicant. Clause 187.233(3) outlines criteria for an approved nomination, including that the nominated position is located in regional Australia, is the subject of an approved nomination that identifies the applicant, that the nominating employer is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information or such information is disregarded, that the position remains available to the applicant, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the first named applicant satisfied clause 187.233(3) because the nomination for the Travel Agency Manager position, initially refused by the Department, was subsequently approved by the Tribunal on 27 July 2020. Regarding the second named applicant, the Tribunal accepted her withdrawal of application, communicated via email and a formal withdrawal form, and therefore concluded it lacked jurisdiction in relation to her. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the first named applicant meets the specified criteria for the Subclass 187 visa.