Pham (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 187 Regional Sponsored Migration Scheme visa application. The applicant sought a permanent visa under the Direct Entry stream, with the central dispute revolving around the approval of the employer's nomination for the position.

The Tribunal was required to determine whether the nomination for the Accountant (General) position had been approved, as stipulated by clause 187.233 of the Migration Regulations. This involved assessing whether the nominated position was consistent with the visa application, whether the employer was the nominator, and crucially, whether the nomination had been approved and not subsequently withdrawn, among other criteria.

The Tribunal found that the approved position was indeed the same as that subject to the nomination application and the visa declaration, thus satisfying subclause 187.233(1). Furthermore, it was satisfied that the employer was the nominator and that the visa applicant met the requirements of subclause 187.233(3) in light of the Tribunal's prior approval of the appointment under regulation 5.19(4). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, directing that the applicant met the requirements of clause 187.233.