Patel (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream. The applicant sought review of a decision concerning their eligibility for the visa, specifically relating to an approved nomination. The Tribunal was required to determine whether the applicant was the subject of an approved nomination for the purposes of the visa criteria.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.223 of Schedule 2 to the Migration Regulations 1994, which pertains to the approval of a nomination. This clause mandates that the nominated position must be the subject of an approved nomination application in the Temporary Residence Transition stream, identifying the visa applicant, and that the nomination must have been approved and not subsequently withdrawn. Further requirements include the absence of adverse information concerning the nominator or associated persons, the position being located in regional Australia, its continued availability to the applicant, and the visa application being lodged within six months of the nomination's approval.

The Tribunal reasoned that while the nomination lodged by Fixit Pty Ltd was initially refused on 27 July 2017, it had subsequently been approved by the Tribunal on review on 12 February 2020 and had not been withdrawn. Consequently, the Tribunal found that the applicant now met the requirements of clause 187.223(2). Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining eligibility criteria.