CHOUHAN (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically the temporary residence transition stream. The dispute arose from the refusal of the related nomination application, which was subsequently set aside on review by the Tribunal. The applicant sought to have the decision under review affirmed.

The primary legal issue before the Tribunal was whether the nomination for the visa applicant had been approved, and consequently, whether the applicant met the requirements of clause 187.223 of Schedule 2 to the Migration Regulations. This clause outlines several criteria, including that the nominated position must be the subject of an approved nomination application, that the employer is the nominator, that the nomination has not been withdrawn, that there is no adverse information known to Immigration, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal considered the evidence provided by the applicants, including written submissions and supporting documentation. It found that the approved position for Cook (ANZSCO 351411) was the same as that subject to the relevant nomination application and identified the applicant in relation to that position, thus satisfying subclause 187.223(1). Furthermore, based on its previous findings in the nomination application, the Tribunal was satisfied that the employer was the nominator and that the nomination had been approved and not withdrawn, meeting subclauses 187.223(2) and (3). The Tribunal also found that the visa applicant now met the requirements of subclause 187.223(3) in light of its approval of the appointment.

Consequently, the Tribunal found that the visa applicant satisfied the requirements of clause 187.223. The Tribunal therefore remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant meets clause 187.223.