KAUR (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the temporary residence transition stream of the Subclass 187 (Regional Sponsored Migration Scheme) visa. The applicant, Mrs Ranjit Kaur, had her nominated position as a Primary Products Inspector approved by the Tribunal. The dispute arose in relation to the assessment of the visa application, with the Tribunal ultimately remitting the matter for reconsideration.

The primary legal issue before the Tribunal was whether the nominated position for Mrs Kaur met the requirements of the Migration Regulations 1994. Specifically, the Tribunal was required to determine if clause 187.223(2) of Schedule 2 of the Regulations, which pertains to the Minister's approval of the nomination, had been satisfied. The applications of the second, third, and fourth named applicants, who were family members of Mrs Kaur, were contingent on the outcome of her visa application.

The Tribunal found that the nomination for the position of Primary Products Inspector nec for Mrs Kaur had been approved by the Tribunal on 28 September 2018. Based on this finding, the Tribunal concluded that clause 187.223(2) of Schedule 2 of the Regulations was met. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that Mrs Kaur met the criteria under clause 187.223(2).