Gill (Migration)

This matter concerned an appeal by Ms Gill against a decision regarding her application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The core dispute revolved around whether the nominated position of Cook was genuine and met the relevant legislative criteria. The decision was made by Stephen Witts, a Member of the Tribunal.

The Tribunal was required to determine whether Ms Gill met the criteria for the grant of the Subclass 187 visa. This involved assessing whether the nominated position was located in regional Australia, had been approved by the relevant authority, and had not been withdrawn. Further considerations included whether the employer was the nominator, if there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within the prescribed timeframe after the nomination approval.

The Tribunal reasoned that the applicant, Rodferns Pty Ltd (trading as Spicy Flavours Indian Restaurant), had provided substantial evidence demonstrating its active trading status since 2014, including significant sales figures, wage payments, and profitability. The nominator's background, including his hospitality qualifications and work experience, was also considered. Based on the evidence presented, including material provided before and at the hearing, the Tribunal concluded that the applicant met the criteria under clauses 187.223 and 187.233 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The direction was that the first named applicant, Ms Gill, met the specified criteria for the Subclass 187 visa. The Tribunal also found that as the primary applicant met the criteria, the secondary applicants also met the criteria.