LAKHI (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream, for a cook. The applicant’s employer, Sardana Family Trust & K Sharma & Y Shelli, had made a nomination in relation to the applicant. The Department had initially refused to approve this nomination, but the applicant sought review of that decision. The Administrative Appeals Tribunal (AAT) was required to determine whether the relevant nomination had been approved.

The primary legal issue before the Tribunal was whether the nomination met the requirements of clause 187.223(2) of Schedule 2 to the Migration Regulations 1994, which stipulates that the Minister must have approved the nomination. The Tribunal considered the applicant's visa application, which was based on the employer's nomination. It noted that the Department had refused the nomination on 19 September 2017. However, following a review application, the Tribunal set aside that decision on 18 March 2019 and substituted a decision approving the nomination.

The Tribunal reasoned that as the nomination had been approved by the Tribunal on review, the criterion in clause 187.223(2) was satisfied. Having found that this essential criterion was met, 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. The Tribunal directed that the applicant be taken to meet criterion 187.223(2).