NAVDEEP KUMAR (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically under the Temporary Residence Transition stream, for the occupation of Café or Restaurant Manager. The applicant sought review of a decision concerning their visa application and the associated nomination.

The primary legal issue before the Tribunal was whether the Minister had approved the nomination in accordance with clause 187.223(2) of the Migration Regulations. This involved determining if the nominated position met various requirements, including that it was the subject of an approved nomination that had not been withdrawn, that there was no adverse information known to the Department about the nominator or associated persons, that the position was located in regional Australia, that it remained available to the applicant, and that the visa application was lodged within six months of the nomination's approval. The Tribunal also considered the criteria applicable to a secondary applicant, who must be a member of the family unit of the primary applicant and satisfy all criteria at the time of decision.

The Tribunal found that the nomination application had not been withdrawn and that the nomination itself had been approved on 15 May 2020. It was satisfied that no adverse information was known to the Tribunal or the Department regarding the nominators or associated persons, and that the nominated position of café or restaurant manager remained available to the applicant under a contract of employment. The Tribunal further determined that the position was located in regional Australia and that the visa application was made within the prescribed six-month period following the nomination approval. Consequently, clause 187.223 of the Regulations was met for the primary applicant.

Given these findings, the Tribunal remitted the visa applications for reconsideration. The direction was that the primary applicant met the criteria in clauses 187.223(2) and 187.223 of Schedule 2 to the Regulations. The application by the secondary applicant was also remitted for reconsideration concerning the remaining criteria.