Murphy (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for a Dive Instructor (Open Water). The applicant sought review of a decision relating to an approved nomination for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant had an approved standard business sponsor for the nominated position of Dive Instructor (Open Water), ANZSCO Code: 452311. The Tribunal also had to consider the requirements of clause 187.233 of the Migration Regulations 1994, which outlines criteria for the nominated position, the employer, and the timing of the visa application relative to the nomination approval.

The Tribunal found that the applicant had provided evidence of her qualifications, including a Bachelor of Science (Hons) degree, and her employment history in Australia, having been engaged full-time by the sponsoring business for two and a half years. The Tribunal also noted the existence of a contract of employment for at least two years. Crucially, the Tribunal, in a prior matter concerning the same sponsor, had set aside a decision and substituted an approval of the nomination. Based on these findings, the Tribunal determined that the applicant met criterion 187.233 of Schedule 2 to the Regulations.

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. The Minister was to consider the remaining criteria for the grant of the visa.