Sandhu (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 187 Regional Sponsored Migration Scheme visa application. The applicant, Malkeet Kaur Sandhu, sought review of a decision concerning her nomination for the position of Cook. The sponsor provided evidence from the Regional Certifying Body and employment contracts for the nominee, detailing the position, salary, and conditions of employment, which were also confirmed by the applicant.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements for the grant of the Subclass 187 visa, specifically concerning the approved nomination for the position of Cook. The Tribunal considered evidence of the applicant's qualifications, including a Certificate III in Commercial Cookery, and her employment history, which commenced on a 457 visa. The Tribunal also noted the applicant's English language proficiency, demonstrated by an IELTS test score.

The Tribunal's reasoning focused on the evidence presented regarding the applicant's qualifications and employment. Having received new evidence, the Tribunal was satisfied that the criterion for the nomination was met. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the primary and secondary applicants met the relevant criteria under clauses 187.233 and 187.311 of Schedule 2 to the Regulations.