Chhabra (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa application by Mr. Chhabra. The primary dispute revolved around whether the applicant met the criteria set out in clause 187.233 of Schedule 2 to the Migration Regulations 1994. The decision was made by Deputy President J.L. Redfern PSM of the Administrative Appeals Tribunal.

The Tribunal was required to determine if the criteria under clause 187.233 were satisfied, specifically focusing on whether the nomination for Mr. Chhabra's employment had been approved and had not been withdrawn. Additionally, the Tribunal needed to consider whether there was any adverse information known to the Department of Immigration concerning the nominating employer, Gaurish, or associated persons, and if such information was reasonable to disregard. The availability of the nominated position and the timeliness of the visa application were also relevant considerations.

The Tribunal found that the nomination for Mr. Chhabra's position had been approved and had not been withdrawn, satisfying clauses 187.233(3) and (4). It was also established that Gaurish was the employing entity and had made the nomination, fulfilling clause 187.233(2). While there was adverse information regarding Gaurish due to a past sponsorship compliance issue, the Tribunal noted that Gaurish had rectified the breach, corrected the underpayment, and taken steps to prevent future occurrences. Given Gaurish's cooperation and corrective actions, the Tribunal considered it reasonable to disregard this adverse information in relation to Gaurish, thereby satisfying clause 187.233(4A).

Consequently, the Tribunal concluded that Mr. Chhabra met the requirements of clause 187.233. The matter was remitted to the Minister for reconsideration of the visa application, with the direction that the applicant had satisfied the specified criteria.