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, for the position of Cafe or Restaurant Manager. The applicant's nomination had initially been refused by the Department. The Administrative Appeals Tribunal (AAT) reviewed this decision.

The primary legal issue before the Tribunal was whether the nomination for the position had been approved, as required by clause 187.233 of the relevant regulations. This clause outlines several conditions, including that the position must be nominated in an application seeking to meet specific regulatory requirements, that the employer must be the nominator, that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration or such information must be disregarded, that the position must remain available, and that the visa application must be made within six months of the nomination's approval.

The Tribunal found that the position nominated was the same as that subject to the visa application declaration. It also found that the employer was the nominator and that the nomination had been approved by the Tribunal itself, which substituted its own decision for the Department's refusal. Based on these findings, the Tribunal concluded that the applicant met the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied clause 187.233.