Sachdeva (Migration)

The Administrative Appeals Tribunal considered the case of Mrs Sachdeva, who sought a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Office Manager. The dispute centred on whether the requirements of clause 187.233 of the Migration Regulations 1994 were met, specifically concerning the approval and validity of the nomination lodged by Gosavi Pty Ltd.

The primary legal issue before the Tribunal was to determine if the nomination associated with Mrs Sachdeva's visa application satisfied all the conditions stipulated in clause 187.233. This included whether the nominated position was correctly identified, if the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination application, lodged by Gosavi Pty Ltd and made on behalf of Mr Badri Gosavi, a director of the company, had initially been refused but was subsequently approved by the Tribunal on 27 October 2020. The Tribunal was satisfied that the nomination had not been withdrawn, evidenced by submissions indicating Mrs Sachdeva's value as an employee. Furthermore, the Tribunal found no adverse information regarding the nominator or associated persons, confirmed the position remained available, and noted that the visa application, made on 24 March 2017, was lodged more than six months after the nomination approval date of 27 October 2020. This last point meant that clause 187.233(6) was not met.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mrs Sachdeva met the criteria under clause 187.233 of Schedule 2 to the Regulations, save for the timing requirement.