Sugianto (Migration)

This matter concerned an appeal by the applicant, Mr Sugianto, regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa application under the Direct Entry stream for the position of Child Care Group Leader. The initial nomination for this position was refused by the Department. However, the Administrative Appeals Tribunal (AAT) reviewed this decision, set aside the Department's refusal, and substituted a decision approving the nomination for the specified position.

The primary legal issue before the Tribunal was whether the nomination for the Child Care Group Leader position met the requirements of clause 187.233 of the Migration Regulations. This clause outlines several criteria, including that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the applicant must be identified in relation to the position where the nomination was made on or after 1 July 2017. Additionally, the employer must be the nominator, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal's reasoning focused on establishing that the approved position was indeed the same as that nominated and declared in the visa application, thereby satisfying clause 187.233(1). It also found that the employer was the nominator, fulfilling clause 187.233(2). Crucially, given the Tribunal's own approval of the appointment under regulation 5.19(4), it concluded that the visa applicant now met the requirements of clause 187.233(3).

Consequently, the Tribunal found that the visa applicant satisfied the requirements of clause 187.233. The Tribunal therefore remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant meets the specified criteria under clause 187.233.