Kumar (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream, for the occupation of Restaurant Manager. The decision under review was made by the Administrative Appeals Tribunal (AAT), with Member Angela Julian-Armitage presiding. The core of the dispute revolved around whether the visa application was subject to an approved nomination that met the relevant regulatory requirements.

The Tribunal was required to determine if the nomination for the position met the criteria set out in clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause, as applicable, stipulated several conditions, including that the nominated position must be located in regional Australia, the applicant must be identified in the nomination application (if made on or after 1 July 2017), the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the nomination, approved on 20 November 2023, met all the requirements of clause 187.233. Specifically, it was satisfied that the nominator was the prospective employer, the nomination had been approved and not withdrawn, no adverse information existed, the position remained available, and the visa application was made within the prescribed timeframe. Consequently, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration, with a direction that the first named applicant met clause 187.233 and the second named applicant met clause 187.311 of Schedule 2 to the Regulations.