Chawla (Migration)

This matter concerned applications for Regional Employer Nomination (Permanent) (Class RN) visas, specifically Subclass 187 (Regional Sponsored Migration Scheme) visas in the Direct Entry stream, for the position of Cook. The primary applicant, Mrs Harpreet Kaur Chawla, and her family members sought review of decisions that had refused their visa applications. The dispute centred on whether the nomination for the position of Cook met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994. The decision was made by Member Karen McNamara of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant met the criteria set out in clause 187.233(3) of the Migration Regulations. This clause outlines several requirements for a nominated position, including that the position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and identify the applicant in relation to the position. It also requires that the nominating employer be the prospective employer, that there be no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominating employer, Spices 29 Pty Ltd, had initially had its nomination for the Cook position refused by the Department. However, following a review application to the Tribunal, the nomination was set aside and substituted with a decision to approve the nomination under regulation 5.19. Consequently, the Tribunal concluded that the first applicant, Mrs Chawla, satisfied clause 187.233(3). The applications of the other family members were dependent on the outcome of Mrs Chawla's application.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa applications to the Minister for reconsideration. The remittal was made with the direction that the first named applicant, Mrs Harpreet Kaur Chawla, meets the criteria specified in clause 187.233(3) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.