Patel (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry stream for a cook. The applicant, Mr Patel, sought judicial review of a decision that had set aside his nomination application. The case was heard by Member Angela Julian-Armitage of the Tribunal.

The central legal issue before the Tribunal was whether the applicant's associated nomination met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several criteria, including that the nominated position must be located in regional Australia, be the subject of an approved nomination, and that the position remains available to the applicant. The clause also requires that the nominator be the prospective employer, the nomination has not been withdrawn, and there is no adverse information known to Immigration about the nominator or associated persons, or that such information can be disregarded.

The Tribunal found that the applicant was employed by the nominating entity and that the nomination for the position had been approved on 7 September 2021. Furthermore, the Tribunal determined that there was no adverse information known to the Department or the Tribunal concerning the applicant, secondary applicants, or any associated persons. Consequently, the Tribunal concluded that clause 187.233 was met.

The Tribunal remitted the application for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The decision directed that the first named applicant, Mr Patel, met the criteria under clause 187.233 for the Subclass 187 visa. This finding extended to the secondary applicants, Mrs Daxaben Kishorkumar Patel and Master Vedant Kishor Patel.