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. The dispute centred on whether the applicant's nominated position met the requirements of clause 187.233 of the Regulations. The decision was made by Terrence Baxter, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the nominated position satisfied the criteria set out in clause 187.233, specifically concerning the approval of the nomination. This clause requires that the position be nominated in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominator had applied to have the position of Cook approved with the applicant as the nominee on 28 April 2016. Although this nomination was initially refused on 27 July 2018, the nominator sought review. On 12 October 2021, the Tribunal set aside the refusal and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that clause 187.233 was met in relation to the applicant.

Given these findings, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant meets criterion cl 187.233(3). The applications of the second and third named applicants, who applied as members of the family unit, were also to be determined on remittal in light of the Tribunal's findings regarding the first applicant.