Poudel (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream for a Vocational Education Teacher. The applicant, Mr Poudel, along with secondary applicants, sought review after the nomination application was set aside. The decision was made by Member Angela Julian-Armitage of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria, including that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), and crucially, that the position remains available to the applicant.

The Tribunal found that the applicant met all the requirements of clause 187.233. It noted that the nominee had been employed in the position for approximately four years, had entered into a second contract with increased remuneration for at least two years, and that the nomination was approved by the Tribunal on 15 October 2021. No adverse information was presented regarding the nominator or associated persons. Consequently, the Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.