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Nomination Application of a Regional Sponsored Migration Scheme (Subclass 187) Visa AAT Refusal, whereby the Nominator wished to Sponsor a Nominee whom he had family connections with.

The Applicant (an Employer who owned a Farm in Rural NSW) came to Immigration Solutions Lawyers after receiving legal assistance with a Nomination at another firm, which was then refused. The clients asked Immigration Solutions Lawyers to represent them in an Administrative Appeals Tribunal hearing as his Nomination Application was rejected on the basis that-

  1. Failure to comply with regulation 5.19 (3)(h) to demonstrate a satisfactory record of compliance with workplace relations laws and
  2. Regulation 5.19(4)(h)(ii)(C) to demonstrate that the position cannot be filled locally.

The Applicant (Nominator) was a farmer in NSW and the nominee was a crop technician employed with the Nominator. However, both clients were in fact related, and were brothers-in-law.


Our legal submission put forward before the Administrative Appeals Tribunal were that the Applicant certifies that the position is a genuine position, the position of Crop Technician is an essential element for the success of the business’ operations. We submitted that the coronavirus pandemic has shown regional business owners, in particular agricultural farmers, the importance of permanent and seasonal workers as there has been a shortage of workers even post pandemic.

We also suggested, the Nominator to perform Labour Market Testing, despite this not being a requirement for the RSMS Subclass 187 Visa. From Labour Market Testing, the Applicant has concluded that the nominee is best suited for the position, given the position was not fulfilled after advertised. The Nominee has relevant qualifications and experience to be able to succeed in the job and carry on the business operations, despite the relationship between the Nominator and Nominee.


As the position was demonstrated to not be able to be fulfilled locally, we successfully demonstrated that the position was not being filled by the nominee as a result of their relationship, but due to the position not being able to be fulfilled locally, due to the Labour Market shortage and on the basis the Nominee possessed the qualifications and experience required to successfully perform the job.

The Tribunal therefore set aside the decision under review and substituted a decision approving the nomination and remitted the Nominee’s Visa Application back to the Department.

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