Cheema (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically the Direct Entry stream, for a Retail Manager. The applicant sought review of a decision relating to their visa application, which had been subject to an approved nomination.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, particularly in relation to the nominated position and the employer's nomination. The Tribunal was required to assess the applicant's eligibility against the specific requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The Tribunal found that the first named applicant met the criteria outlined in subclause 187.233(1) of the Regulations, which pertains to the nominated position being validly identified in an application for a Direct Entry stream visa, and that the employer who made the nomination was the prospective employer. Furthermore, the Tribunal determined that the Minister had approved the nomination, it had not been withdrawn, and there was no adverse information concerning the nominator that could not be disregarded. The Tribunal also considered the availability of the position and the timeframe for the visa application relative to the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. This remittal allows the Minister to re-examine the application, taking into account the Tribunal's findings regarding the nominated position and employer nomination requirements, and to make a fresh decision on the eligibility of the second and third named applicants.