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 the position of Retail Manager. The applicant was nominated by A Tasyurdu and G L Tasyurdu. The Tribunal, presided over by Nicola Findson, was required to determine whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Regulations.

The central legal issue was whether the nomination for the Retail Manager position satisfied all the criteria stipulated in cl.187.233. This clause requires, among other things, that the nominated position be located in regional Australia, that the employer be the nominator, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination met all the specified requirements of cl.187.233. It noted that the nomination was initially refused by the Department but was subsequently set aside and approved by the Tribunal on 13 January 2019. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Furthermore, there was no evidence of adverse information concerning the nominator or associated persons. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria, directing that the first applicant meets cl.187.233. The application of the second applicant, as a family unit member, will be determined by reference to the outcome of the first applicant's application.