Tonelli (Migration)

This matter concerned an appeal by Thomas Tonelli against the refusal of his Subclass 187 Regional Sponsored Migration Scheme visa application. The dispute centred on whether the nominated position of Caravan Park and Camping Ground Manager in Tully, Queensland, met the requirements of clause 187.233 of the Migration Regulations. The decision was made by Mr S Norman of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied clause 187.233, which outlines criteria for the nominated position and the nominator. This included whether the position was located in regional Australia, had been nominated and approved, and if the nominator had any adverse information known to Immigration. The Tribunal also had to consider the timing of the visa application in relation to the nomination approval.

The Tribunal reasoned that while the initial delegate had refused the nomination application, a subsequent review had approved it. The Tribunal noted that the approved nomination, dated 17 September 2019, confirmed that the nominator was the employer, the nomination had been approved and not withdrawn, there was no adverse information, the position remained available, and the visa application was made within six months of the nomination approval. Consequently, the Tribunal found that the applicant met the criteria under clauses 187.233(1) and (3).

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant be considered to have met clauses 187.233(1) and (3) of Schedule 2 to the Regulations.