Sampath (Migration)

This matter concerned an appeal by the applicant, Sampath, regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream for the position of Retail Manager. The primary dispute revolved around the approval of the nomination for this position, which had initially been refused by the Department. The Administrative Appeals Tribunal (AAT) was tasked with reviewing this decision.

The central legal issue before the Tribunal was whether the nomination for the Retail Manager position had been approved, as required by clause 187.233 of the relevant regulations. This clause outlines several criteria that must be met, including that the nominated position is located in regional Australia, that the nominator is the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration, that the position remains available, and that the visa application was lodged within six months of the nomination approval.

The Tribunal found that the nomination had indeed been approved. It relied on its previous decision of 10 October 2018, where it had set aside the Department's refusal and substituted a decision approving the appointment for the Retail Manager position. Based on the evidence presented, the Tribunal was satisfied that the approved position corresponded to the one nominated and declared in the visa application. Furthermore, it found that the nominator was the prospective employer and that the applicant now met the requirements of clause 187.233, including the approval of the nomination.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations.