Rathnam (Migration)

Khouse Group Pty Ltd sought review by the Administrative Appeals Tribunal of a decision made by a delegate of the Minister concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The Tribunal, on 29 September 2020, heard the application for review.

The primary legal issue before the Tribunal was whether the nominated position met the requirements for the visa subclass. The Tribunal was required to determine if the applicant could satisfy the criteria for the Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Regulations, in light of the Tribunal's decision regarding the nominated position.

The Tribunal reasoned that by approving the nominated position, the applicant was now able to satisfy the requirements of cl. 187.233(3). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for a Subclass 187 visa.