Miglani (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to refuse a Subclass 187 (Regional Sponsored Migration Scheme) visa. The applicant, Mr Inderjeet Miglani, sought to have his visa application reconsidered, along with applications by his wife and daughter as members of his family unit. The core of the dispute revolved around whether the nominated position of Motel Manager met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position was still available to the applicant and if the nomination itself had been approved and remained valid. Specifically, the Tribunal had to consider whether the employer, MSR Freights Services Pty Ltd, had made a valid nomination, whether that nomination had been approved, and if there was any adverse information concerning the nominator or associated persons that could not be disregarded. The Tribunal also needed to assess if the visa application was lodged within the prescribed timeframe following the nomination's approval.

The Tribunal found that the nominating employer, MSR Freights Services Pty Ltd, had applied for approval of a nomination for the position of Motel Manager. Although this nomination was initially refused by the Department, the Tribunal had previously set aside that decision and substituted an approval of the nomination. Consequently, the Tribunal concluded that the applicant met the requirements of clause 187.233(3) of Schedule 2 to the Regulations. The applications by the applicant's wife and daughter were contingent on the outcome of his application.

Given these findings, the Tribunal remitted the visa applications to the Minister for reconsideration, with a direction that the first named applicant, Mr Inderjeet Miglani, satisfied clause 187.233(3) of Schedule 2 to the Regulations. The remaining criteria for the visas were to be considered by the Minister upon remittal.