Kumar (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, by Mr Kumar. The central dispute revolved around whether the applicant met criterion cl.187.233 of Schedule 2 to the Regulations, which requires the position to be the subject of an approved nomination. The Administrative Appeals Tribunal (AAT) was required to determine if the nomination application, previously refused by a delegate, had been subsequently approved and if all other conditions under cl.187.233 were satisfied.

The Tribunal considered the requirements of cl.187.233, which include that the nominating person is the employer, the nomination has been approved and not withdrawn, there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), the position remains available, and the visa application was made within six months of the nomination approval. The Tribunal noted that the nomination application had been approved by a previous Tribunal decision dated 26 July 2018.

Applying these criteria, the Tribunal was satisfied that the person who would employ the applicant was the nominator, the nomination had been approved and not withdrawn, there was no adverse information, the position was still available, and the visa application (made 16 November 2015) was lodged within six months of the nomination approval (20 July 2018). Consequently, the Tribunal found that the applicant met cl.187.233. The Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant meets this specific criterion.