Patel (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, brought by a primary applicant and a secondary applicant. The dispute arose from the refusal of the nomination application by the Department of Immigration, which subsequently impacted the visa applications. The case was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the primary applicant's position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. A further issue concerned whether the secondary applicant, applying as a member of the family unit, satisfied the criteria under clause 187.311.

The Tribunal reasoned that the nomination, initially refused, had subsequently been approved by the Tribunal in a prior decision (Case Number 1913309). This approval meant that the primary applicant now met the requirements of clause 187.233(3). Furthermore, the Tribunal was satisfied that the secondary applicant now met the criteria under clause 187.311. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, directing that both the primary and secondary applicants met the specified criteria.