Merritt (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, by Ms Merritt, who was employed as a Beef Cattle Farmer. The dispute centred on whether the applicant met the criteria under clause 187.233 of Schedule 2 of the Migration Regulations 1994. The decision was made by Deputy President J.L Redfern PSM.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the requirements of clause 187.233 of the Migration Regulations. This clause outlines several conditions that must be met for a nomination to be considered approved, including that the employer is the nominator, the nomination has been approved and not withdrawn, there is no adverse information concerning the nominator or associated persons, the position remains available, and the visa application was lodged within six months of the nomination's approval.

The Deputy President found that the criteria under clause 187.233 were satisfied. This conclusion was based on the Tribunal's prior approval of the nomination in a related application, the absence of evidence of withdrawal, and the fact that HC Pastoral, the nominator and employer, had pursued the review of the nomination. The Tribunal also found that HC Pastoral was the employing entity and had made the nomination, that no adverse information was known to the Department regarding HC Pastoral or Ms Merritt, that the position remained available, and that the visa application was made within the prescribed timeframe.

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 of Schedule 2 to the Regulations.