Then (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream. The central dispute concerned whether the applicant was the subject of an approved nomination, a prerequisite for the visa.

The Tribunal was required to determine if the applicant satisfied clause 187.233(3) of Schedule 2 to the Migration Regulations. This clause mandates that the applicant must be the subject of an approved nomination. The applicant had previously been subject to a nomination refusal by a delegate.

The Tribunal reasoned that a prior decision in a related matter, Case number 1718929, had a significant impact on the present application. In that related case, the Tribunal had set aside the delegate's decision of 8 August 2017 and substituted a decision approving the nomination. Consequently, the Tribunal concluded that the applicant now met the criteria under clause 187.233(3). The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfied this specific criterion.