Umar (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream. The applicant, Mr. Umar, sought review of a decision concerning his visa application. The Tribunal, constituted by Member Mark Bishop, considered the evidence and claims presented.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines specific requirements for the nominated position, the employer, and the timing of the application relative to the nomination approval. The Tribunal was required to determine if the nomination for the position had been approved, if the employer was the nominator, if the position remained available, and if there was any adverse information concerning the nominator or associated persons that could not be disregarded.

The Tribunal found that the nomination in respect of the applicant, made by the employer Stat Enterprises Pty Ltd, had been approved on 11 October 2019. It concluded that the applicant met the requirements of clause 187.233(3) of Schedule 2 to the Regulations. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for the visa.