Kaur (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Café or Restaurant Manager. The applicant sought review of a decision that had been made by the Department. The Tribunal, constituted by Peter Emmerton, was required to determine whether the nomination for the position had been approved.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several criteria for the nomination of a position, including that the position must be nominated in an application for approval, that the employer must be the nominator, that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration, that the position must still be available, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the approved position was the same as that which was the subject of the relevant nomination application and that it identified the applicant. It also found that the employer was the nominator and that the nomination had been approved. Based on these findings, the Tribunal concluded that the applicant satisfied the requirements of clause 187.233. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.