Oosthuizen (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The applicants sought a permanent visa, which required an approved nomination by a regional employer. The core dispute revolved around whether the employer's nomination had been approved, as it had initially been refused by a delegate of the Minister.

The Tribunal was required to determine if the applicants met the criteria for the visa, specifically clause 187.233 of Schedule 2 to the Regulations, which outlines the requirements for an approved nomination. This involved assessing whether the nominated position was the same as that declared in the visa application, whether the employer was the nominator, and crucially, whether the nomination had been approved and not subsequently withdrawn. The Tribunal also needed to consider whether there was any adverse information concerning the nominator or associated persons, and if the position remained available within the specified timeframe after nomination approval.

The Tribunal reasoned that it had previously set aside the delegate's refusal of the nomination and substituted a decision approving the appointment for the position of Special Education Teacher. Based on the evidence presented, the Tribunal was satisfied that the approved position corresponded to the one in the visa application and that the employer was indeed the nominator. Consequently, the Tribunal found that the applicants met the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa applications to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the criteria specified in clause 187.233 of Schedule 2 to the Regulations.