MERCHAN CALVO (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal concerning a Subclass 187 Regional Sponsored Migration Scheme visa application under the Direct Entry stream. The applicant, Merchan Calvo, sought review of a decision to refuse his visa application, which was predicated on the refusal of his employer's nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994, specifically concerning the nomination of a position. This involved assessing whether the nominated position was approved, had not been withdrawn, and whether there was any adverse information concerning the nominator.

The Tribunal found that the applicant met the requirements of cl.187.233. It noted that the nomination by Tucarma Pty Ltd for the position of Facilities Manager had initially been refused by the Department but was subsequently approved by the Tribunal on 23 May 2018. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within six months of the nomination's approval. Furthermore, no adverse information regarding the nominator was presented.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal also directed that the applications of the second named visa applicants, who claimed to be members of the primary applicant's family unit, be reconsidered in full, given that the primary applicant had met a key criterion.