Sandhu (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Retail Manager (General). The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria, including that the nominated position must be located in regional Australia, that the nominator must be the prospective employer, that the nomination must have been approved and not withdrawn, that there must be no adverse information known to the Department about the nominator or associated persons (or such information must be reasonable to disregard), that the position must remain available to the applicant, and that the visa application must be made within six months of the nomination's approval.

The Tribunal found that the applicant had provided details of an approved nomination for the position of Retail Manager (General) with Big Pizza Company Pty Ltd, located in regional Australia. The Tribunal was satisfied that the nominator was the prospective employer, that the nomination was approved on 24 September 2020 and had not been withdrawn. Furthermore, the Tribunal found the position was still available to the applicant and that the visa application was made prior to the nomination's approval, thus satisfying the six-month timeframe. The Tribunal also stated it was not aware of any adverse information concerning the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criterion specified in cl.187.233 of Schedule 2 to the Regulations.