Patel (Migration)

This matter concerned an appeal before the Tribunal regarding a Subclass 187 Regional Employer Nomination (Permanent) visa, Direct Entry stream. The applicants sought review of a decision concerning the approval of a nomination for the position of Restaurant Manager.

The primary legal issue before the Tribunal was whether the nomination for the position had been approved, as required by clause 187.233 of the Migration Regulations 1994. This clause sets out several criteria that must be met, including that the nominator is the prospective employer, the nomination has been approved and not withdrawn, there is no adverse information, the position remains available, and the visa application was made within six months of the nomination approval.

The Tribunal considered the evidence, including the history of the nomination application. It noted that the employer's nomination application was initially refused on 27 July 2017. However, on 18 April 2018, the Tribunal set aside that refusal and substituted a decision approving the appointment for the position of Restaurant Manager. The Tribunal was satisfied that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration. It also found that the nominator was the prospective employer and that the visa applicant now met the requirements of clause 187.233(3) in light of the Tribunal's approval of the appointment.

Consequently, the Tribunal found that the visa applicant satisfied the requirements of clause 187.233. The Tribunal therefore remitted the visa applications for reconsideration by the Minister, with a direction that the first applicant meets the criteria specified in clause 187.233 for a Subclass 187 visa.