Purba (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically within the Temporary Residence Transition stream. The applicant was nominated for a position as a nursery person by a partnership. The dispute arose after the Department initially refused the nomination application, which was subsequently reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the relevant nomination had been approved, as required by clause 187.223 of the Migration Regulations. This clause mandates that the nominated position must be the subject of an approved nomination application that identifies the visa applicant and was made in relation to the current visa application.

The Tribunal reasoned that the partnership's nomination, initially refused by the Department on 21 February 2017, had been the subject of a review. On 2 April 2019, the Tribunal set aside the Department's refusal decision and substituted a decision approving the nomination. Consequently, the Tribunal found that the requirement under clause 187.233(3) was now satisfied.

The Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first named applicant met the criteria under clause 187.233(3) of Schedule 2 to the Regulations. The matter was to proceed for assessment of the remaining visa criteria.