Kaur (Migration)

The Administrative Appeals Tribunal considered a matter involving a visa applicant and the Minister for Immigration. The dispute concerned the approval of a nomination for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream, for the position of Wholesaler.

The primary legal issue before the Tribunal was whether the nomination for the position met the requirements of clause 187.233 of the relevant regulations. This clause outlines several criteria, including that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the visa application must be made within a specified timeframe after the nomination's approval.

The Tribunal reasoned that it was required to make findings of fact on the disputed material matters, including assessing the credibility of evidence presented. Having reviewed the evidence and submissions, the Tribunal found that the approved position was indeed the one nominated and declared in the visa application, satisfying subclauses 187.233(1) and (2). Crucially, the Tribunal had previously set aside the Department's refusal and substituted a decision approving the appointment for the position. Based on this prior approval, the Tribunal concluded that the visa applicant now met the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first applicant satisfied the criteria specified in clause 187.233 of Schedule 2 to the Regulations.