Pappne Kiss (Migration)

This matter concerned an appeal by the applicant, Pappne Kiss, and secondary applicants, Mr Peter Papp, Mr Viktor Daniel Szikszai, and Miss Jazmin Papp, against the refusal of their Subclass 187 (Regional Sponsored Migration Scheme) visa applications. The primary dispute revolved around whether the nominated position of Personal Assistant met the requirements of clause 187.233 of the relevant regulations, particularly concerning the approval of the nomination and the identity of the employer.

The Tribunal was required to determine if the primary applicant satisfied clause 187.233(3), which mandates that the Minister has approved the nomination for the position. This involved assessing whether the nominated position was located in regional Australia, was the subject of an approved nomination, and if the applicant was identified in relation to that position. Further considerations included whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and the timeliness of the visa application relative to the nomination approval. The Tribunal also had to consider the eligibility of the secondary applicants as members of the primary applicant's family unit under clause 187.311.

The Tribunal found that the primary applicant met the criteria under clause 187.233. It noted that the previous owner of the business had made the nomination and signed the employment contract. Crucially, the Tribunal had previously set aside the Department's decision to refuse the nomination and substituted a decision to approve it. The Tribunal was satisfied that there was no adverse information regarding the owner of the business and that the position remained available, with the visa application being lodged within the six-month timeframe after the nomination's approval. Consequently, the Tribunal remitted the primary applicant's visa application to the Minister for consideration of the remaining criteria.

Given the findings regarding the primary applicant, the Tribunal also remitted the secondary applicants' visa applications to the Minister for reconsideration. The overall outcome was that the applications for Regional Employer Nomination (Permanent) (Class RN) visas were remitted for reconsideration, with a direction that the first named applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations.