Tandon (Migration)

This matter concerned an appeal by Tandon (the applicant) against a decision of the Administrative Appeals Tribunal (the Tribunal) regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The applicant sought a permanent visa as a Cook, supported by an approved nomination from a regional employer. The central dispute revolved around whether adverse information, specifically anonymous allegations of "cash for visas," precluded the approval of the nomination and, consequently, the visa.

The Tribunal was required to determine whether the nominated position met the criteria for the visa, particularly concerning the employer's nomination and the absence of adverse information. Specifically, the Tribunal had to assess if the applicant's employer, the nominator, was the entity that made the nomination, if the nomination had been approved and not withdrawn, and crucially, if there was any adverse information known to the Department of Immigration about the nominator or associated persons that could not be disregarded. The Tribunal also needed to consider if the position remained available to the applicant and if the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that while allegations of "cash for visas" would constitute adverse information, the specific allegations presented were anonymous and unsubstantiated. Monitoring by the Department at the time of the allegations had not revealed any supporting evidence, and no further evidence had emerged. Consequently, the Tribunal found that these allegations did not amount to "adverse information" as defined by the regulations, and there was no other adverse information known to the Department concerning the nominator or associated persons. The Tribunal also found that the nominator was the employer, the position remained available, and the visa application was made within the relevant timeframe.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant met the criteria under cl.187.233 of Schedule 2 to the Regulations.