Mandip Kaur (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 Mandip Kaur. The dispute centred on whether the applicant was the subject of an approved nomination as required by the relevant migration regulations. The decision was made by Cathrine Burnett-Wake.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause mandates that for the Direct Entry stream, the position must be the subject of an approved nomination, and specific conditions related to the employer, the nomination's approval, the absence of adverse information, the availability of the position, and the timing of the visa application must be met.

The Tribunal found that the applicant's nominating employer, Contract Abattoir Cleaners Pty Ltd, had initially applied for approval of the Office Manager position in respect of the applicant. Although the Department refused this nomination, the employer subsequently applied to the Tribunal for a review of that decision. On 25 July 2018, the Tribunal set aside the Department's refusal and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that clause 187.233 was met.

Given this finding, the Tribunal remitted the visa application for reconsideration. The Tribunal directed that the applicant meets the criteria under clause 187.233(3) of Schedule 2 to the Regulations. The applications of the second and third named visa applicants, who were family members of the primary applicant, were also remitted for full reconsideration alongside the primary applicant's remaining criteria.