Dhaliwal (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for the position of Restaurant Manager. The applicant's nomination had been refused by the Department, and the nominating employer sought review of that decision by the Tribunal. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which outlines various requirements for an approved nomination. These include that the position must be located in regional Australia, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the applicant met several of these criteria. It was established that Mrs Nina Randhawa, CEO of Randhawas Group of Companies Pty Ltd, made the nomination and signed the employment contract, confirming she was the prospective employer. The Tribunal noted that the Department's initial refusal to approve the nomination had been set aside by the Tribunal, and a decision to approve the nomination had been substituted. There was no adverse information before the Tribunal concerning the nominator or associated persons. The employment contract indicated the position remained available, and the visa application was lodged within the six-month timeframe after the nomination's approval.

Consequently, the Tribunal remitted the primary and secondary applicants' visa applications to the Minister for reconsideration. The Tribunal directed that the first applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations.