Kumar (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically the Direct Entry stream, for a Motor Mechanic. The applicant's case was before the Tribunal for review.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause mandates that the position must be located in regional Australia and be the subject of an approved nomination that corresponds to the position declared in the visa application.

The Tribunal found that the nominator, Habib Enterprises Pty Ltd, had met the requirements for approval of the nomination. In a prior Tribunal decision (case 1731117), the delegate's decision to refuse the nomination was set aside, and a decision approving the nomination was substituted. Consequently, the Tribunal concluded that clause 187.233(3) was satisfied. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa applications to the Minister for consideration of the remaining visa criteria.