Chhoden (Migration)

This matter concerned applications for Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the occupation of Retail Manager (General). The primary applicant was Mrs. Kinzang Chhoden, with her family members also included in the applications. The dispute arose after the Department initially refused the nomination and consequently the visa applications. The nominating employer, Yame Australia Pty Ltd, sought review of the nomination refusal.

The central legal issue before the Tribunal was whether the applicant, Mrs. Kinzang Chhoden, met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994. This clause outlines various criteria for the 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that the position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the visa application must be made within six months of the nomination's approval. It also requires that the employer who made the nomination is the one who will employ the applicant, and that there is no adverse information known to Immigration about the nominator or associated persons, or that such information can be disregarded.

The Tribunal, presided over by Karen McNamara, found that the applicant satisfied clause 187.233(3). This conclusion was based on the fact that the Tribunal had previously set aside the Department's refusal of the nomination and substituted a decision to approve it. The Tribunal noted that the nominating employer, Yame Australia Pty Ltd, had applied for approval of a nomination for the Retail Manager (General) position, which was initially refused by the Department. However, following a review by the Tribunal, the nomination was approved.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister. The direction was that the first named applicant, Mrs. Kinzang Chhoden, had met the criteria under clause 187.233(3) of Schedule 2 to the Regulations. The applications of the other named applicants, who applied as members of Mrs. Chhoden's family unit, would be determined by reference to the outcome of her application upon remittal.