Patel (Migration)

This matter concerned the review of decisions relating to applications for Regional Employer Nomination (Permanent) (Class RN) visas, specifically Subclass 187 (Regional Sponsored Migration Scheme) visas. The applicants were the first named applicant, who sought to satisfy the primary criteria for the visa, and the second named applicant, who applied as a secondary applicant based on being a member of the primary applicant's family unit. The case came before the Tribunal, presided over by Member Mark Bishop.

The Tribunal was required to determine whether the first named applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations, which pertains to the nominated position, and whether the second named applicant met the criteria under clause 187.311, relating to being a member of the family unit of a primary visa holder. The core of the dispute revolved around the approval of the nomination for the primary applicant's position and the subsequent eligibility of both applicants for the visa.

The Tribunal reasoned that the employer's nomination application, initially refused, had subsequently been approved by the Tribunal on 10 November 2020. This retrospective approval meant that the requirements of clause 187.233 were now met. Furthermore, as the first named applicant was now considered to hold a Subclass 187 visa at the time of the Tribunal's decision, the secondary applicant was found to meet the criteria under clause 187.311, being a member of the family unit of a person holding the relevant visa.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The direction was that both the first and second named applicants, respectively, were to be considered as meeting the criteria under clause 187.233 and clause 187.311 of Schedule 2 to the Regulations.