Manjot Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The primary applicant sought the visa, and the second applicant applied as a member of the family unit. The core dispute concerned the approval of the applicant's nomination, which had previously been refused by a delegate of the Department.

The Tribunal was required to determine whether the applicant met the criteria for the subclass 187 visa, specifically in relation to the requirement for an approved nomination. The Tribunal also had to consider the implications of its decision on the application made by the second applicant as a family member.

The Tribunal found that the first named applicant met the criteria under clause 187.233 of Schedule 2 to the *Migration Regulations 1994*. Consequently, the Tribunal remitted the applications for reconsideration by the Department, with the direction that the first named applicant satisfied the relevant visa criteria. The second named applicant's application would be determined based on the outcome of the first named applicant's reconsidered application.