Varikuti (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the position of Retail Manager (General). The applicant sought review of a decision that had refused their visa application.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position had been approved, as required by clause 187.233 of the relevant regulations. This involved determining if the nominated position was the same as that declared in the visa application, if the employer was the nominator, and if the nomination had been approved and not withdrawn, among other criteria.

The Tribunal found that the nominated position met the requirements of clause 187.233, including that it was the same position as that in the visa application declaration and that the employer was the nominator. Crucially, the Tribunal substituted its own decision for that of the Department, approving the appointment for the position of Retail Manager (General). Based on these findings, the Tribunal determined that the visa applicant satisfied the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant meets the requirements of clause 187.233.