Anuradha (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, direct entry stream, for a cook. The primary applicant, Anuradha, sought to have the refusal of the nomination application set aside, which had been remitted for reconsideration. The appeal also involved the visa applications of the second and third applicants, who were members of Anuradha's family unit.

The central legal issue before the Tribunal was whether the first applicant, Anuradha, met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994. This clause pertains to the nomination of a position for the subclass 187 visa, requiring, among other things, that the position be located in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons, that the position remain available, and that the visa application be lodged within six months of the nomination's approval.

The Tribunal found that the nominator, The Food Barn Pty Ltd, had initially had its nomination application refused, but this decision was subsequently set aside by the Tribunal on review, and the nomination was approved. Based on this, and the evidence before it, the Tribunal was satisfied that Anuradha met all the criteria under cl.187.233. Consequently, the Tribunal determined that the visa applications of the second and third applicants, as family unit members, should be reconsidered. The Tribunal remitted the applications for reconsideration by the Minister, with a direction that the first applicant met the criteria under cl.187.233.