Kumar (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, specifically a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream, for a position as a Building Associate. The decision was made by Amanda Mendes Da Costa, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether the first applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations, and whether the second applicant met the secondary requirements for the grant of the visa. Clause 187.233 outlines several conditions, including that the nominated position must be located in regional Australia, the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information concerning the nominator or associated persons, the position must remain available, and the visa application must be made within six months of the nomination approval.

The Tribunal found that the sponsor, BridgePro Engineering Pty Ltd, had made a nomination application for the Building Associate position, which had initially been refused but was subsequently approved by the Tribunal on review. The Tribunal was satisfied that all the conditions stipulated in clause 187.233 were met, including that the employer was the nominator, the nomination was approved and not withdrawn, there was no adverse information, the position remained available, and the visa application was lodged within the prescribed timeframe. Consequently, the Tribunal concluded that the first applicant met this criterion and that the second applicant met the secondary requirements for the visa.

Given these findings, the Tribunal remitted the visa applications to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the first applicant met clause 187.233, and that the second applicant's application should be reconsidered on the basis that she meets the secondary requirements for the visa.