Jaspreet Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the position of Personal Assistant. The applicant, Jaspreet Kaur, sought review of a decision concerning her visa application. The Tribunal, presided over by Senior Member Michelle East, was tasked with determining whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations.

The primary legal issue before the Tribunal was whether the nominated position met the criteria outlined in clause 187.233. This clause requires, among other things, that the position be located in regional Australia, that the applicant be identified in the nomination application (if made on or after 1 July 2017), that the employer be the nominator, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information is reasonable to disregard), that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 found that the applicant met all the requirements of clause 187.233. It noted that the nominated position of Personal Assistant was the same as that in the nomination application, and the employer was the nominator. Crucially, although the nomination was initially refused by the Department, the Tribunal had previously set aside that refusal and substituted a decision approving the nomination on 8 September 2022. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the six-month timeframe after the nomination's approval. Furthermore, there was no evidence of adverse information known to the Department concerning the nominator.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a specific direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations. This remittal allows for the consideration of the remaining criteria for the grant of the Subclass 187 visa.