Welch (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream for an ICT Project Manager. The applicant's nomination for the position had been approved by the Administrative Appeals Tribunal (AAT) on 1 October 2019, after a prior decision not to approve it was set aside. The AAT, constituted by Senior Member Kate Millar, was required to determine whether the applicant met the criteria for the visa, particularly clause 187.233 of Schedule 2 to the Migration Regulations.

The central legal issue before the Tribunal was whether the nomination criteria under clause 187.233 had been satisfied. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that clause 187.233 was met. It noted that the nomination had been approved and not withdrawn, the nominator was the prospective employer, and there was no adverse information known to Immigration. Furthermore, the position was still available, and the visa application was made before the nomination was approved. Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first applicant met clause 187.233 and that the Minister should consider the remaining criteria for both the primary and any secondary applicants.