Raval (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), specifically under the temporary residence transition stream. The applicant's visa application had been refused by a delegate because the associated position nomination, lodged by SA INDUSTRIAL SERVICES NSW PTY LTD ATF ELREP SERVICES TRUST, was refused on 3 January 2018. This refusal meant that clause 187.223 of Schedule 2 to the Regulations was not met. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the subclass 187 visa, particularly in light of the subsequent approval of the nomination application. The Tribunal was required to determine if clause 187.223(2) of Schedule 2 to the Regulations was satisfied, given that the initial nomination had been refused but later approved.

The Tribunal reasoned that while the delegate had refused the nomination, leading to the visa refusal, a subsequent decision on 15 December 2020 saw the Tribunal approve the nomination application lodged by the applicant’s associated nominator, SA INDUSTRIAL SERVICES NSW PTY LTD (now trading as Noorco Pty Ltd). Consequently, the Tribunal found that clause 187.223(2) was now met. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant met the criteria under clause 187.223(2).