Rathod (Migration)

The applicant sought to satisfy the criteria for a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream. The Administrative Appeals Tribunal was required to determine whether the applicant had met the requirements for this visa stream.

The Tribunal considered the provisions of regulation 187.233 of the Migration Regulations 1994. Specifically, it examined the requirements relating to the nominated position, the employer, the approval and non-withdrawal of the nomination, the absence of adverse information, the continued availability of the position, and the timeframe for the visa application following nomination approval.

The Tribunal found that the applicant had not met the necessary criteria for the Subclass 187 visa in the Direct Entry stream. Consequently, the decision under review, which was not to grant the visa, was affirmed.