Sabharwal (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The dispute arose after the Department initially refused the nomination application lodged by the nominating business, Dheera Pty Ltd. The applicant sought review of this decision.

The Tribunal was required to determine whether the nomination criteria, specifically clause 187.233 of Schedule 2 to the Regulations, had been met. This clause necessitates that the nominated position be located in regional Australia, that the employer who made the nomination is the one who will employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that it was able to determine the matter on the papers without a hearing. It noted that the Department had refused the nomination on 28 May 2019, and Dheera Pty Ltd had applied for review on 11 June 2019. Crucially, on 18 October 2022, the Tribunal set aside the primary decision and substituted it with a decision approving the nomination. Consequently, the Tribunal was satisfied that the nomination had been approved.

Given that the nomination was now approved, the Tribunal remitted the visa applications for reconsideration by the Minister. The Tribunal directed that the primary applicant met criterion cl 187.233(3) of Schedule 2 to the Regulations. The applications of the second, third, and fourth named applicants, who applied as members of the primary applicant's family unit, were to be determined by reference to the outcome of the primary applicant's application upon remittal.