Stacey (Migration)

The Administrative Appeals Tribunal considered a decision concerning an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The applicant sought to have a refusal of her employer's nomination application reviewed. The nominated position was Lead Educator (Child Care Worker ANZSCO 421111).

The Tribunal was required to determine whether the applicant satisfied the criteria for the Subclass 187 visa, specifically cl.187.233, which pertains to the nomination of a position for the Direct Entry stream. This involved assessing whether the nominated position was approved, whether the employer was the nominator, and whether the visa application was made within six months of the nomination approval.

The Tribunal noted that the employer's nomination application by G8 EDUCATION LIMITED was refused on 17 January 2018, meaning the applicant did not meet the requirements of cl.187.233(3). While the applicant explained the circumstances leading to her visa application, including the cancellation of her husband's Subclass 457 visa and her desire to remain in Australia with her children, and suggested that departmental delays prevented her application from being processed before her nominated occupation was removed from a relevant list, these explanations did not alter the fact that the nomination itself had been refused. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met the essential requirement of an approved nomination, the Tribunal affirmed the decision under review.