Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Retail Manager (General). The applicant, Ms Kaur, had her visa application remitted for reconsideration by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations, specifically concerning the approval of the nomination for the position. The Tribunal also considered the application of a second applicant, a family member, whose eligibility was contingent on the primary applicant being granted a Subclass 187 visa.

The Tribunal reasoned that the nomination made by Norwest Petroleum Pty Ltd T/A Shell Brewarrina for the Retail Manager position had been approved by the Tribunal on 22 September 2020, setting aside the Department’s earlier refusal. As this approval meant the applicant met the requirements of clause 187.233(3), the Tribunal determined that the appropriate course was to remit the visa application to the Minister for consideration of the remaining criteria. Regarding the second applicant, the Tribunal noted that as the primary applicant did not hold a Subclass 187 visa at the time of the decision, the requirements of clause 187.311 could not be directed as met. However, the Tribunal referred the second applicant's applications to the Department for fresh consideration.