Agawin (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Temporary Residence Transition stream, brought before the Tribunal by the applicant, Agawin. The primary dispute revolved around whether the relevant nomination for the position of Pig Farmer had been approved, as required by clause 187.223 of the Migration Regulations.

The Tribunal was required to determine if the nomination for the primary applicant had been approved and if the primary applicant met the criteria for the visa. Additionally, the Tribunal had to consider the applications of the secondary applicants, who were family members of the primary applicant, and whether they satisfied the requirements for inclusion as members of the primary applicant's family unit.

The Tribunal found that while the Department had initially refused the nomination, the Tribunal itself had subsequently set aside that decision and approved the nomination on 31 May 2019. Consequently, the Tribunal concluded that the primary applicant met the requirements of clause 187.223(2). However, the Tribunal could not make a direction that the secondary applicants met their criteria because, at the time of the decision, the primary applicant did not yet hold a Subclass 187 visa.

Accordingly, the Tribunal remitted the applications for reconsideration. The Tribunal directed that the primary applicant met clause 187.223(2) of Schedule 2 to the Regulations, and referred the cases of the secondary applicants to the Department for fresh consideration.