Ramanpreet Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream, by Ramanpreet Kaur. The dispute arose from the refusal of a related nomination application, which was subsequently set aside on review. The court was required to consider the criteria for the visa, specifically clause 187.233 of Schedule 2 to the Regulations, and its application to the circumstances of the applicant and secondary applicants.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233, which pertains to the nomination of a position in regional Australia for the Direct Entry stream. This clause mandates that the nominated position must be the subject of an approved nomination application, that the employer is the nominator, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application is made within six months of the nomination's approval.

The Tribunal found that the applicant met the criteria under clause 187.233. It was satisfied that the employer was the nominator, the nomination had been approved and not withdrawn, and there was no adverse information known to Immigration. Furthermore, the Tribunal confirmed that the position remained available and that the visa application was lodged within the prescribed timeframe following the nomination approval. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant met the specified criteria. The Tribunal also noted that it was open to the Minister to reconsider the applications of secondary applicants in light of this decision.