Kumar (Migration)

This matter concerned an appeal by the applicant, Mr. Kumar, against a decision to refuse his Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Temporary Residence Transition stream. The appeal was heard by the Tribunal, presided over by Member Peter Emmerton. The central dispute revolved around whether the nomination for Mr. Kumar's position as a Café or Restaurant Manager had been approved and met the relevant criteria.

The Tribunal was required to determine if the nomination for the position met the requirements of clause 187.223 of the Migration Regulations. Specifically, this involved assessing whether the nominated position was the same as that identified in the visa application, whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination had indeed been approved by the Tribunal itself on 4 March 2019, and that this approved position was consistent with the one declared in the visa application. It was satisfied that the nominator was the prospective employer, that the nomination had not been withdrawn, and that the position remained available to the applicant. Furthermore, the Tribunal concluded that the visa application, lodged on 8 January 2017, was made within the six-month timeframe following the nomination's approval.

Consequently, the Tribunal determined that Mr. Kumar satisfied the criteria under clause 187.223. As a result, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met the requirements of clause 187.223.