Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically the Subclass 187 (Regional Sponsored Migration Scheme) visa under the Temporary Residence Transition stream, for a position as a Crop Farmer. The applicant sought review of a decision concerning their eligibility.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.223 of Schedule 2 to the Migration Regulations 1994, which pertains to the approval of a nomination for the visa. This clause requires, among other things, that the nominated position has been approved, has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position is located in regional Australia, remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that while the nomination application was initially refused, it was subsequently set aside by the Tribunal on 9 March 2022, with a substituted decision to approve the nomination. Consequently, the Tribunal concluded that clause 187.223(2) of the Regulations was met. The Tribunal determined that the appropriate course of action was to remit the visa application for reconsideration by the Minister, directing that the first named applicant meets the criterion specified in clause 187.223(2). The applications of the second, third, and fourth named applicants, who applied as members of the first applicant's family unit, were also to be determined upon remittal.