Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Chef. The applicant sought review of a decision concerning the approval of a nomination. The decision was made by Terrence Baxter, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994 (Cth). This clause, as applicable, required that the position be the subject of an approved nomination in regional Australia, that the nominator be the prospective employer, that the nomination had not been withdrawn, that there was no adverse information known to Immigration or that such information could be disregarded, that the position remained available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nominator had initially applied to have the position of Chef approved with the applicant as the nominee. This nomination application was refused by the Department of Home Affairs, but the nominator sought review. The Tribunal, on reconsideration, set aside the Department's refusal and substituted a decision to approve the nomination. Consequently, the Tribunal found that criterion 187.233(3) was met. The Tribunal also noted that the second and third applicants, who applied as members of the applicant's family unit, would have their applications considered on remittal.

The Tribunal remitted the application for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. It directed that the first applicant met criterion 187.233(3) of Schedule 2 to the Migration Regulations 1994 (Cth).