Narsi Ram (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Narsi Ram for a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream, specifically for a Retail Manager position. The AAT was also asked to consider the applications of Ms Rekha Rani and Miss Anaya Singh, who applied as members of Mr Ram's family unit. The core dispute revolved around whether the nominated position met the relevant criteria under the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine whether the nominated position for the Retail Manager role was still available to Mr Ram, as required by cl 187.233(5) of Schedule 2 to the Migration Regulations 1994. This criterion is part of the broader requirements for a Subclass 187 visa, which also include the nomination being approved by the Minister and not subsequently withdrawn, and the absence of adverse information concerning the nominator.

The Tribunal reasoned that the nominated position was indeed still available to Mr Ram. It directed that the application be remitted to the Department for reconsideration, with a specific finding that Mr Ram met the criteria under cl 187.233(3) of Schedule 2. This finding implies that the Tribunal was satisfied that the nomination had been approved and had not been withdrawn, and that the position remained available. Consequently, the visa applications of Ms Rani and Miss Anaya Singh, being dependent on Mr Ram's application, would also be reconsidered by the Department.