PATEL (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 pastrycook. The applicant's visa application was before the Tribunal for review.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. Specifically, the Tribunal had to determine if the position was the subject of an approved nomination in regional Australia, and if the nomination identified the applicant, as required for nominations made on or after 1 July 2017.

The Tribunal found that the nominator, Mahadev Holdings Pty Ltd, met the requirements of regulation 5.19 for the approval of the nomination. In a prior Tribunal decision (case 1726201), the delegate's decision to refuse the nomination application was set aside, and a decision approving the nomination was substituted. Consequently, the Tribunal concluded that clause 187.233(3) of the Regulations was satisfied.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration. The remittal was made with the direction that the applicant meets the criteria specified in clause 187.233(3) of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the visa.