HANSRA (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Temporary Residence Transition stream. The dispute arose from the refusal of the applicant's related position nomination. The decision was made by Sean Baker, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 187.223 of Schedule 2 to the Regulations, particularly concerning the approval of the nominated position. This clause requires, among other things, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or that such information can be disregarded), that the position is located in regional Australia, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that in a separate decision, the refusal of the nomination had been set aside and substituted with a decision that the nomination was approved. Based on this finding, the Tribunal concluded that clause 187.223(2) was satisfied. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria. If the primary applicant satisfies these remaining criteria, then secondary applicants, who are members of her family unit, will be entitled to be granted visas provided they meet their respective secondary criteria.