Nadeem (Migration)

This matter concerned an appeal by a visa applicant against the refusal of a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The primary issue before the Tribunal was whether the nomination for the position of Retail Manager had been approved, as required by clause 187.233 of the Migration Regulations. The applicant relied on evidence previously provided to the department and the Tribunal, as well as written submissions.

The Tribunal was required to determine if the nomination met the criteria outlined in clause 187.233, which included that the nominated position be located in regional Australia, that the applicant be identified in relation to the position (for nominations made on or after 1 July 2017), that the employer be the nominator, that the nomination had been approved and not withdrawn, that there was no adverse information known to Immigration or that such information was reasonable to disregard, that the position remained available, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the approved position was the same as that subject to the nomination and visa application declarations, satisfying subclause 187.233(1). It also found that the employer was the nominator, meeting subclause 187.233(2). Crucially, the Tribunal, having previously approved the appointment under regulation 5.19(4), concluded that the visa applicant now met the requirements of subclause 187.233(3).

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the requirements of clause 187.233.