Kaur (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream for a Retail Manager (General) position. The applicant sought review of a decision concerning their eligibility for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations. This clause imposes several conditions, including that the nominated position must be located in regional Australia, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available to the applicant, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the nominator was the prospective employer and that the nomination, approved on 17 January 2019, had not been withdrawn. It also determined that the position remained available to the applicant and that the visa application was made before the nomination was approved, thus satisfying the six-month timeframe. While the Tribunal noted a past concern regarding wages for "senior counter staff" which had since been rectified, it was not aware of any adverse information concerning the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first applicant met the criteria specified in cl.187.233.