Sant Kaur (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 an Accountant (General). The applicant’s husband was noted to be an insulation installer without degree qualifications. The nominating sponsor, Vartel Developments Pty Ltd, provided a detailed description of the duties undertaken by the applicant, which included assisting in formulating budgetary and accounting policies, preparing financial statements and reports, advising on business matters, examining operating costs, providing assurance on financial report accuracy, offering financial and taxation advice, preparing taxation returns, liaising with financial institutions, and maintaining accounting systems. However, the nominating sponsor also stated that the applicant undertakes data entry, handles invoices, and acts as an assistant to the General Manager, working 20 hours per week with a commitment to full-time employment for at least two years upon visa approval. The court was the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met criterion 187.233 of Schedule 2 to the Migration Regulations 1994, which pertains to the nominated position. This criterion requires, among other things, that the nominated position be located in regional Australia, that the person who will employ the applicant is the nominator, that the nomination has been approved and not withdrawn, that there is no adverse information about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval. The Tribunal was required to determine if the evidence presented satisfied these requirements.

The Tribunal considered the evidence regarding the applicant's duties and the nominating sponsor's statements. While the sponsor described the applicant's role using terms associated with an Accountant (General), they also indicated duties more aligned with data entry and administrative assistance, and that the applicant was currently working part-time. The Tribunal noted that the nominating sponsor stated the position was advertised online three years ago. Despite these considerations, the Tribunal found that the applicant met criterion 187.233 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets criterion 187.233. The Minister was to consider the remaining criteria for the visa.