Spreafico (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream for a Retail Manager position. The applicant, Mr. Spreafico, sought review of a decision concerning his visa application. The dispute centred on whether the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994 were met. The Tribunal, constituted by Sheridan Lee, was tasked with reconsidering the applicant's claims and the evidence presented.

The primary legal issue before the Tribunal was to determine if the nominated position of Retail Manager at a café in Geraldton, Western Australia, met all the criteria stipulated in clause 187.233. This clause requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination application, initially refused, was subsequently approved by the Tribunal on 23 August 2019. The Tribunal was satisfied that the nominator, Anti Slip WA Pty Ltd, would employ the applicant, the nomination was approved and not withdrawn, no adverse information was known, the position remained available, and the visa application was made on the same day as the nomination application, thus satisfying the six-month timeframe. Consequently, the Tribunal concluded that clause 187.233 was met.

The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 187.233. The application of the second named applicant, who applied as a member of the first applicant's family unit, will be determined by reference to the outcome of the first applicant's application upon remittal.