SILVA DE AZEVEDO (Migration)

The Administrative Appeals Tribunal considered an application by Mr Silva de Azevedo for review of a decision by the Minister for Immigration and Border Protection to refuse to approve a nomination made by an employer for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The applicant sought to have the nomination approved so that he could be granted the visa.

The primary legal issue before the Tribunal was whether the delegate's decision to refuse to approve the nomination was the correct and preferable decision in the circumstances. This required the Tribunal to assess whether the employer had met the criteria for making a valid nomination under the relevant migration regulations, particularly concerning the genuineness of the employment position and the employer's capacity to offer the nominated position.

The Tribunal found that the delegate had erred in their assessment of the evidence provided by the employer. It was satisfied that the employer had demonstrated a genuine need for the nominated position and had the capacity to offer the employment as stated. Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the Minister with a direction that the nomination be approved.