Inderpreet Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Office Manager. The applicant sought review of a decision concerning the approval of the employer's nomination. The Tribunal, constituted by Susan Reece Jones, was required to determine whether the relevant nomination had been approved as required by clause 187.233 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 187.233, specifically concerning the approval of the employer's nomination. This clause outlines several requirements, including that the nominated position must be located in regional Australia, the applicant must be identified in the nomination, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons (or such information must be disregarded), the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that the employer's nomination, initially refused by the Department, was subsequently approved by the Tribunal on review on 13 August 2023. As the nomination had now been approved and the applicant met the other stipulated requirements of clause 187.233, the Tribunal found that the first named applicant satisfied this criterion. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the first named applicant meets clause 187.233(2) and that the remaining criteria for both the first and second named applicants should be reconsidered.