Habib (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Motor Mechanic. The applicant, through their nominator Habib Enterprises, sought review of a decision to refuse the nomination application. The case was heard by C. Packer of the Tribunal.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Regulations, specifically concerning the approval of the nomination. The Tribunal was required to determine if the position was the subject of an approved nomination in regional Australia and if that nomination had been made in relation to the current visa application.

The Tribunal reasoned that in a previous decision (Tribunal case 1727358 on 1 September 2020), it had found that the nominator, Habib Enterprises, met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the delegate's refusal decision and substituted an approval of the nomination. This satisfied clause 187.233(3) of the Regulations.

The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant met the criteria under clause 187.233(3) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.