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, by Ms Kaur, a baker. The dispute arose from the refusal of the associated position nomination by the Department. The applicant sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994, specifically concerning the nomination of a position in regional Australia. This clause requires, among other things, that the nominated position be approved, that the nominator be the prospective employer, that the position remains available, and that the visa application is made within six months of the nomination approval.

The Tribunal reasoned that the Department’s initial refusal of the nomination was made without a necessary hearing. Following the applicant's request for review, the Tribunal set aside the Department's decision and substituted an approval for the nomination. As the nomination was now approved, the Tribunal found that the applicant met the requirements of clause 187.233(2). Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the first applicant met the specified criteria and that the remaining criteria for all applicants should be reconsidered.