Kader (Migration)

This decision concerns an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, brought before the Tribunal. The primary dispute revolved around whether the applicant met the criteria stipulated in clause 187.233 of Schedule 2 to the relevant regulations.

The Tribunal was required to determine if the nominated position met the specific requirements of clause 187.233, including that the nomination was approved, not withdrawn, and that the applicant was identified in the nomination where made after 1 July 2017. Further, the Tribunal had to ascertain if the employer was the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination's approval. Crucially, the Tribunal also had to consider whether there was any adverse information known to Immigration concerning the nominator or associated persons, or if such information could reasonably be disregarded.

The Tribunal found that the nomination had been approved and not withdrawn, and that the visa application was made within the prescribed timeframe. It was also satisfied that the employer was the nominator and that the position remained available. Furthermore, after reviewing Australian Federal Police clearances, the Tribunal concluded that there was no adverse information known to Immigration regarding the nominator or associated persons. Consequently, the Tribunal determined that clause 187.233 was met.

The Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Minister. The decision directed that the first named applicant met the criteria under clause 187.233 for a Subclass 187 visa, and that the second named applicant's application should be reconsidered in light of these findings.