Liu (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 the first named applicant, who was employed as a Café or Restaurant Manager. The second named applicant was a member of the first applicant's family unit. The decision was made by the Tribunal, with Member Amanda Mendes Da Costa presiding.

The primary legal issue before the Tribunal was whether the first named applicant met the requirements of cl.187.223(2) of Schedule 2 to the Migration Regulations 1994. This clause relates to the criteria for a Subclass 187 visa.

The Tribunal reasoned that it had previously made a decision on 30 July 2019, approving the nomination made by the first named applicant's prospective employer, Chopstix Mildura Pty Ltd. As the nomination was approved, the Tribunal was satisfied that the first named applicant met the requirements of cl.187.223(2). Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for consideration of the remaining visa criteria. The Tribunal also found that as the first named applicant met the primary criteria, the second named applicant, as a member of the family unit, also met the criteria for the Subclass 187 visa. The Tribunal remitted the applications for reconsideration with a direction that the first named applicant met cl.187.223(2).