Khan (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 applicant, Mr. Khan, was the subject of an approved nomination for the position of Security Consultant. The Administrative Appeals Tribunal (the Tribunal) was asked to review a decision concerning the applicant's eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria set out in clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominator, MILLENIUM HI-TECH HOLDING PTY LTD, had lodged a nomination application for the position of Security Consultant in respect of the applicant. After a prior refusal by a delegate of the Minister, the Tribunal had, on 9 May 2023, set aside that decision and approved the nomination. The Tribunal was satisfied that all the sub-criteria within clause 187.233 were met, including that the prospective employer was the nominator, the nomination was approved and not withdrawn, no adverse information was known or could be disregarded, the position remained available, and the visa application was made within the prescribed timeframe.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 187.233 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the grant of the visa.