Patel (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, specifically Subclass 187 (Regional Sponsored Migration Scheme) in the Direct Entry stream, for a Retail Manager. The applicant was nominated by Bunbury Food Supplier Pty Ltd. The decision under review was made by the Administrative Appeals Tribunal (AAT), with Member Nicola Findson presiding.

The primary legal issue before the Tribunal was whether the applicant met criterion 187.233 of Schedule 2 to the Migration Regulations 1994. This criterion requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination approval.

The Tribunal found that criterion 187.233 was met. It noted that the nomination had been approved by the Tribunal itself on 17 May 2023, setting aside a prior refusal by the Department. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe.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, directing that the first applicant meets criterion 187.233. The applications of any secondary applicants, who applied as members of the first applicant's family unit, would be determined in accordance with the outcome of the primary applicant's application upon remittal.