Jaura (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Temporary Residence Transition stream, lodged by Mr Sukhchain Singh Jaura. The applicant sought review of a decision to refuse his visa application.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.223 of Schedule 2 to the Migration Regulations, specifically concerning the approval of the employer's nomination. The Tribunal also considered, in light of the delegate's refusal, whether the applicant met criteria under the Direct Entry Stream (clause 187.233) and the Agreement Stream (clause 187.242).

The Tribunal noted that the delegate had refused the nomination application lodged by Annilax Enterprises P/L on 9 March 2017, leading to the applicant not meeting clause 187.223(2) at that time. However, the Tribunal observed that the nomination approval application related to this case had subsequently been approved on 31 May 2019. Based on this subsequent approval, the Tribunal was satisfied that the applicant met clause 187.223(2). The Tribunal found that the applicant did not meet the criteria for the Direct Entry or Agreement streams.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets clause 187.223(2) of Schedule 2 to the Regulations. The Minister was directed to consider the remaining criteria for the grant of the visa.