Kaur (Migration)

This matter concerned a review by the Migration Review Tribunal of a decision to refuse a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream. The applicant sought a permanent visa based on a nomination by a regional employer.

The primary legal issue before the Tribunal was whether the applicant's nomination for the position of Retail Manager (General) met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several criteria, including that the nominated position must be located in regional Australia, that the nominator must be the prospective employer, that the nomination must have been approved and not withdrawn, and that the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the nominated position was indeed located in regional Australia and that the nominator was the prospective employer. Crucially, the Tribunal relied on its own previous findings in a nomination application to determine that the nomination had been approved and that the applicant met the requirements of clause 187.233. The Tribunal noted that the nomination application, lodged on 2 March 2017, had been the subject of a previous decision where the Tribunal set aside the Department's refusal and substituted a decision approving the appointment.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfied the criteria specified in clause 187.233. The Minister was to consider the remaining criteria for the visa.