KAUR (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant sought review of a decision concerning the approval of a nominated position. The decision was made by Member Mary Sheargold of the Tribunal.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause, as applicable, required that the position be the subject of an approved nomination in regional Australia, that the nomination identify the applicant, that the nominating employer be the prospective employer, that the nomination not be withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons (or that such information be disregarded), that the position remain available, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the first applicant's nominating employer, BS Traders Pty Ltd, had applied for approval of a Chef position for the first applicant. Although the Department initially refused to approve the nomination, the Tribunal set aside that decision on review and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that the first applicant met the requirement of clause 187.233(3) and that the criteria under clause 187.233 were satisfied.

The Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first named applicant meets the criteria under clause 187.233(3) of Schedule 2 to the Regulations. The reconsideration is to address the remaining visa criteria, including those pertaining to secondary applicants.