Rani (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Retail Manager. The applicant, Ms. Rani, had her visa application refused following the refusal of her employer's nomination application by the Department of Immigration. The employer, Pabla Brothers Pty Ltd ATF Pabla Brothers Family Trust, subsequently sought review of the nomination refusal. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position met the criteria outlined in clause 187.233, specifically concerning the nomination's approval, the employer's identity, the availability of the position, and the timing of the visa application relative to the nomination approval. The Tribunal also considered whether there was any adverse information known to Immigration regarding the nominator or associated persons.

The Tribunal reasoned that it had the power to set aside the Department's decision and substitute its own decision to approve the nomination. Having reviewed the evidence, the Tribunal was satisfied that the employer who made the nomination was the same entity that would employ the applicant, that the nomination had been approved by the Tribunal and not withdrawn, and that there was no adverse information known to Immigration. Crucially, the nominator confirmed at the hearing that the position remained available to Ms. Rani, and the visa application was made concurrently with the nomination, thus satisfying the six-month time limit.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.