Kaur (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a chef. The applicant's prospective employer, Yarrowee Creek Pastoral Co Pty Ltd, had its nomination application refused by the Department on 19 September 2018. The employer subsequently applied to the Tribunal for a review of this refusal.

The primary legal issue before the Tribunal was whether the nomination for the visa applicant's position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause mandates that the nominated position be located in regional Australia and be the subject of an approved nomination application, identifying the applicant in relation to the position where the nomination was made on or after 1 July 2017.

The Tribunal found that, based on the material before it, the nomination had been approved. It noted that a hearing was not necessary pursuant to section 360(2)(a) of the Act. The Tribunal set aside the Department's refusal and substituted its own decision, approving the nomination. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant met the criteria under clause 187.233(3) of Schedule 2 to the Regulations.