Sharma (Migration)

This matter concerned an appeal by a visa applicant against a decision to refuse a Subclass 187 Regional Sponsored Migration Scheme visa. The applicant sought review of the decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant's nomination for the position of Cook had been approved, as required by clause 187.233 of Schedule 2 to the Migration Regulations. This clause sets out several requirements, including that the nominated position must be located in regional Australia, that the nominator must be the prospective employer, that the nomination must have been approved and not withdrawn, and that there must be no adverse information known to Immigration concerning the nominator or associated persons, or that such information is reasonable to disregard.

The Tribunal found that the nominated position was the same as that declared in the visa application and that the nominator was the prospective employer. Crucially, the Tribunal determined that it had previously approved the appointment for the position of Cook under a related nomination application. Based on this prior finding, the Tribunal concluded that the applicant met the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied clause 187.233.