Patel (Migration)

This matter concerned an appeal by the applicant, Mr. Patel, against a decision of the Administrative Appeals Tribunal (the Tribunal) concerning his Subclass 187 (Regional Sponsored Migration Scheme) visa application. The core dispute revolved around whether the nominated position for which Mr. Patel applied was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations.

The Tribunal was required to determine if the requirements of clause 187.233 were met, specifically whether the position to which the application related was the subject of an approved nomination. This clause, as applicable, stipulated that the nominated position must be located in regional Australia, identified in the nomination application, and that the nominator must be the prospective employer. Further, the nomination must have been approved and not subsequently withdrawn, with no adverse information known to Immigration, or such information being reasonably disregarded. Additionally, the position must remain available to the applicant, and the visa application lodged within six months of the nomination's approval.

The Tribunal found that while the initial nomination lodged by Srinath Group Pty Ltd was refused on 28 May 2019, Srinath Group Pty Ltd subsequently applied for a review of this decision. On 8 November 2022, the Tribunal set aside the delegate's refusal and substituted a decision approving the nomination. Consequently, the Tribunal concluded that the position was the subject of an approved nomination, thereby satisfying clause 187.233.

The Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first named applicant, Mr. Patel, met the criteria under clause 187.233 of Schedule 2 to the Migration Regulations.