Mehta (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a position as a Café or Restaurant Manager. The applicant's nominating employer, RAGHAVZ ENTERPRISES PTY LTD, had initially had its nomination refused by the Department. The applicant sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position met the requirements of clause 187.233 of the Migration Regulations. This clause, as applicable, required, among other things, that the nominated position be located in regional Australia, that the employer who made the nomination be the one who would employ the applicant, that the nomination had been approved and not withdrawn, that there was no adverse information known to Immigration about the nominator or associated persons, that the position remained available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the employer's nomination, which had been refused by the Department, was subsequently set aside by the Tribunal on 18 December 2020, and substituted with a decision to approve the nomination under regulation 5.19(4). Consequently, the Tribunal concluded that clause 187.233 was met. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application for reconsideration by the Minister, to assess the remaining criteria for the primary applicant. Furthermore, the applications of the second, third, and fourth named applicants, who were family members of the primary applicant, were also remitted for full reconsideration.