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, made by Mr. Kumar. The applicant provided evidence of his qualifications and experience as a cook, working in a regional area for several years. The core of the dispute revolved around whether the applicant met the criteria for the visa, particularly concerning the nomination of his position.

The Tribunal was required to determine whether the applicant had an approved standard business sponsor and whether the nominated position of cook met the requirements of clause 187.233 of Schedule 2 to the Regulations. This clause, as applicable, stipulated that the position must be located in regional Australia, be the subject of an approved nomination, and that the applicant must be identified in relation to the position if the nomination was made on or after 1 July 2017. Further requirements included that the employer must be the nominator, the nomination must not have been withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the applicant met the criteria under clauses 187.223 and 187.233 of Schedule 2 to the Regulations. The Tribunal noted that the occupation of cook was included in the Specification of Occupations for subclass 187 visas. Given these findings, the Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria for the visa.