Patel (Migration)

The Administrative Appeals Tribunal considered an application concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The dispute arose after the nomination for this visa was initially refused by the Department. However, further evidence was subsequently provided, leading to a substitution of the original decision and an approval of the nomination. The matter then came before the Tribunal for review.

The primary legal issue before the Tribunal was whether the first-named applicant met the criteria for a Subclass 187 visa, specifically in light of the further evidence provided. The Tribunal was required to determine if the applicant satisfied clause 187.233(3) of Schedule 2 to the Migration Regulations 1994.

The Tribunal reasoned that the additional evidence presented demonstrated that the first-named applicant met the relevant criteria. Consequently, the Tribunal concluded that the matter should be remitted to the Department for reconsideration. The Tribunal directed that the reconsideration should proceed on the basis that the first-named applicant satisfies clause 187.233(3) of Schedule 2 to the Regulations.