Kartono (Migration)

The Administrative Appeals Tribunal considered the application of Mr Kartono for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The application was for a position as a retail manager, and the primary dispute concerned whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. A secondary applicant, Ms Shierly Natalia Cahyadi, was also a party to the review as a member of the applicant's family unit.

The Tribunal was required to determine whether the applicant satisfied clause 187.233, which outlines several criteria for the nominated position and the nominator. These include that the position must be located in regional Australia, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons, the position must remain available, and the visa application must be lodged within six months of the nomination's approval. The Tribunal also needed to consider the eligibility of the secondary applicant, whose status was contingent on the primary applicant being granted the visa.

The Tribunal found that the applicant met the requirements of clause 187.233. It was satisfied that the nominator was the prospective employer, the nomination had been approved and not withdrawn, and no adverse information was known to the Department. The Tribunal also found that the position remained available and that the visa application was made within the prescribed timeframe after the nomination's approval. However, the Tribunal noted that as the primary applicant had not yet been granted the visa, the secondary applicant could not currently satisfy the requirement of being a member of the family unit of a primary applicant who holds a subclass 187 visa.

Consequently, the Tribunal remitted the applications for both the primary and secondary applicants for reconsideration by a delegate of the Minister. The direction was that the first named applicant, Mr Kartono, meets the criteria set out in clause 187.233 of Schedule 2 to the Regulations.