Bhullar (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, constituted by Susan Trotter, was tasked with determining whether the applicant met the requirements of the relevant migration regulations.

The primary legal issue before the Tribunal was whether the applicant's nominated position as a Café and Restaurant Manager met the requirements of cl.187.233(3) of Schedule 2 to the Regulations, which mandates that the position be the subject of an approved nomination in the Direct Entry stream. The Tribunal also considered the application of the second applicant, who was a member of the first applicant's family unit.

The Tribunal reasoned that while the employer's initial nomination application for the Café or Restaurant Manager position was refused, a subsequent decision by the Tribunal on 17 April 2020 had set aside the Department's refusal and substituted a decision to approve the nomination. Consequently, the Tribunal found that cl.187.233(3) was now satisfied in relation to the applicant. As the second applicant's eligibility was contingent on the first applicant's outcome, her application would be determined by reference to the reconsideration of the first applicant's application.

The Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Minister. The Tribunal directed that the first named applicant met the criteria under cl.187.233(3) of Schedule 2 to the Regulations.