Tang (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream, with the applicant seeking nomination for the occupation of cook. The applicant's nomination, made by Sunlong Trading Pty Ltd atf Sunlong Trading Trust, had initially been refused by a delegate. The applicant subsequently applied to the Tribunal for a review of this refusal.

The primary legal issue before the Tribunal was whether the nomination of a position in relation to the applicant had been approved, as required by clause 187.233(3) of Schedule 2 to the Regulations. This clause mandates that the Minister has approved the nomination for the position.

The Tribunal found that on 18 October 2021, it had set aside the delegate's decision to refuse the nomination and had instead made a decision to approve the nomination. Consequently, the Tribunal concluded that the applicant now met the requirement of clause 187.233(3).

Given this finding, the Tribunal remitted the visa application, including those of secondary applicants, to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant be considered as meeting clause 187.233(3).