Bhandari (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant, Amandeep Bhandari, sought reconsideration of a decision concerning the approval of a nominated position. The Administrative Appeals Tribunal (AAT) was required to determine whether the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994 were met, specifically in relation to the nominated position.

The primary legal issue before the Tribunal was whether the nominated position met the criteria stipulated by cl.187.233 of the Regulations. This clause outlines several requirements for a nomination to be considered valid for the Direct Entry stream, including that the position must be the subject of an approved nomination, that the employer who made the nomination must be the one who will employ the applicant, that the nomination must not have been withdrawn, and that there must be no adverse information known to the Department of Immigration about the nominator or associated persons, or such information must be disregarded. Additionally, the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by Jagvir Gill ATF Gill Family Trust for the applicant was approved on 6 April 2018. Based on this finding, the Tribunal concluded that clause 187.233 of the Regulations was satisfied. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in cl.187.233(1) and cl.187.233(3) of Schedule 2 to the Regulations.