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 a retail manager. The decision under review was made by the Administrative Appeals Tribunal (AAT), with Member Angela Julian-Armitage presiding. The core of the dispute revolved around whether an approved nomination for the primary visa applicant's position was in place, as required by regulation 187.233 of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position met the criteria outlined in subregulation 187.233, specifically that the position was the subject of an approved nomination application in regional Australia, that the applicant was identified in relation to that position, that the nominator was the prospective employer, that the nomination had been approved and not withdrawn, that there was no adverse information known to the Department or the Tribunal concerning the nominator or associated persons, that the position remained available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the relevant nomination was approved on 13 March 2023 and that all the criteria under regulation 187.233 were met. It was satisfied that no adverse information was known to the Department or the Tribunal regarding the visa applicant or any associated person. Furthermore, the Tribunal noted that the visa applicant had been in the position since 25 October 2017, with no intention of voluntarily ceasing employment. Consequently, the Tribunal concluded that clauses 187.233, 187.223, and 187.311 of Schedule 2 to the Regulations were satisfied.

Given these findings, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant, along with Mr Ajaykumar Jayantibhai Patel and Master Bhagwat Ajaykumar Patel, meet the specified criteria for the Subclass 187 visa.