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 Cook. The applicant's nomination was initially refused by the Department. The Administrative Appeals Tribunal, with Member Michelle East presiding, reviewed the decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Regulations, specifically concerning the nomination of the position. This clause requires, among other things, that the nominated position be located in regional Australia, that the employer be the nominator, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, or that any such information is reasonable to disregard, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the applicant met all the requirements of cl.187.233. Although there was some suggestion of potential employer sponsor breach information known to the Department, the Tribunal determined this information lacked probative value and it was reasonable to disregard it. The Tribunal noted that the nomination had been approved by the Tribunal itself on 8 May 2019, setting aside the Department's refusal, and that the other criteria, including the timeliness of the visa application and the availability of the position, were satisfied.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first named applicant meets the criteria under cl.187.233. The applications of secondary applicants, who applied as members of the first applicant's family unit, were to be determined by reference to the outcome of the first applicant's application upon remittal.