Makani (Migration)

This matter concerned applications for Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for the occupation of Retail Buyer. The applications were before the Tribunal for review.

The primary legal issue before the Tribunal was whether the applicant, Mr Muhammad Khalid Makani, met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994. This clause pertains to the nomination of a position, requiring that the nominated position be located in regional Australia, be the subject of an approved nomination that identifies the applicant, and that the nominating employer is the prospective employer, among other conditions.

The Tribunal reasoned that the nominating employer, Fair Price Furniture Gallery Pty Ltd, had initially had its nomination refused by the Department. However, following a review by the Tribunal in a separate proceeding (AAT Case No. 1907617), the Department's decision was set aside, and the nomination was approved on 4 July 2022. Consequently, the Tribunal found that Mr Makani satisfied clause 187.233(3). The application of the second applicant, Mrs Sana Makani, as a member of the family unit, was contingent on the outcome of Mr Makani's application.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa applications to the Minister for reconsideration, with a direction that the first applicant meets the criteria under clause 187.233(3). The Minister is to consider the remaining criteria for the visa.