Rinopa (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream. The primary dispute revolved around the approval of the employer's nomination for a position. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically focusing on the nomination requirements.

The central legal issue before the Tribunal was whether the employer's nomination satisfied clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several requirements, including that the nominated position must be located in regional Australia, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department, the position must remain available, and the visa application must be lodged within six months of the nomination's approval. Additionally, the Tribunal had to consider its jurisdiction concerning a secondary applicant who remained offshore at the time of the visa application.

The Tribunal reasoned that the employer's nomination had been approved and met all the stipulated criteria under clause 187.233. It found that the nominator was the prospective employer, the position was available, and the application was lodged within the prescribed timeframe. Crucially, the Tribunal noted that a prior review had set aside a refusal of the nomination application and substituted a decision approving it. However, the Tribunal determined it lacked jurisdiction to consider the secondary applicant's case as they had remained offshore throughout the process. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first applicant met the nomination criteria.