Ramandeep Kaur (Migration)

This matter concerned an appeal by Ramandeep Kaur and a second applicant, identified as a member of her family unit, against a decision relating to a Subclass 187 (Regional Sponsored Migration Scheme) visa. The core dispute revolved around whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. The Tribunal was tasked with determining if the nominated position was approved, if the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within the prescribed timeframe after nomination approval.

The Tribunal found that the nominated position of Chef met the requirements of clause 187.233. This conclusion was based on the Tribunal's prior decision on 4 January 2022, which set aside a refusal and substituted an approval for the nomination application made by Sareen and Rao Pty Ltd. The Tribunal was satisfied that the nomination identified the first applicant, that the employer was the nominator, that the nomination was approved and not withdrawn, and that there was no adverse information or that any such information was reasonable to disregard. Furthermore, the Tribunal was satisfied that the position remained available and that the visa application was made within six months of the nomination's approval.

Consequently, the Tribunal determined that the first applicant met the primary criteria for the visa. The second applicant, as a member of the family unit, was also found to meet the requirements for the grant of the visa. The Tribunal therefore remitted the visa applications to the Minister for reconsideration, with a direction that the first applicant had met the criteria under clause 187.233.