Patel (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream for the position of Baker. The applicants sought review of a decision concerning their visa applications. The Tribunal was required to consider whether the applicants met the criteria under clause 187.223 of Schedule 2 to the relevant regulations.

The primary legal issue before the Tribunal was to determine whether the nominated position of Baker met the requirements of clause 187.223. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the employer is the nominator. Further, it requires that there be no adverse information known to the Department about the nominator or associated persons, or that such information be disregarded, and that the position remains available to the applicant. The visa application must also be made within six months of the nomination's approval.

The Tribunal found that the nominated position of Baker, ANZSCO Code 351111, was located in Lavington, New South Wales, a postcode defined as regional Australia. It was established that the employer, Vimred Pty Ltd Atf Hume Hot Bake Unit Trust, was the nominator, and the nomination had been approved and not withdrawn. The Tribunal also noted that no adverse information was known to the Department concerning the nominator or associated persons. The position was found to be still available to the applicant, and the visa application was made prior to the nomination's approval, satisfying the temporal requirement.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Minister. The Tribunal directed that the first named applicant met the criteria under clause 187.223 of Schedule 2 to the Regulations.