Sot (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Mr. Sot, a Cambodian citizen, who applied for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187. Mr. Sot had arrived in Australia in December 2012 on a temporary visa and was nominated for the position of Religious Worker by the WAT Khmer Satipheap Association of SA Inc. The nomination was approved by the Department on 22 September 2015, but Mr. Sot lodged his visa application on 11 July 2016, which was more than six months after the nomination approval.

The primary legal issue before the Tribunal was whether Mr. Sot satisfied clause 187.233(6) of Schedule 2 to the Migration Regulations 1994, which requires a visa application to be lodged no more than six months after the nomination of the position was approved. The Tribunal also considered whether it had properly requested specific information from Mr. Sot under section 359(2) of the Migration Act 1958 and whether Mr. Sot had provided that information.

The Tribunal reasoned that Mr. Sot's visa application was lodged outside the prescribed six-month timeframe, thus failing to meet the requirements of clause 187.233(6). Although the Tribunal had invited Mr. Sot to provide information demonstrating compliance with this requirement, his representative conceded that the application was indeed lodged late. The Tribunal found that the specific information requested under section 359(2) was not provided, meaning Mr. Sot was not entitled to a hearing and the Tribunal proceeded based on the available evidence.

Consequently, the Tribunal affirmed the decision not to grant Mr. Sot the visa. The Tribunal noted that Mr. Sot could consider seeking Ministerial intervention under section 351 of the Act if he believed his case presented unique or exceptional circumstances.