Shabir (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, specifically Subclass 187 Regional Sponsored Migration Scheme visas under the Direct Entry stream, for a position of Training and Development Professional. The primary applicant's visa application had been refused by a delegate of the Minister, which in turn led to the refusal of the secondary visa applicants' applications. The case came before the Tribunal for review.

The central legal issue before the Tribunal was whether the secondary visa applicants, who were family members of the primary applicant, could have their visa applications granted when the primary applicant's own application had been refused. This refusal was based on the primary applicant not satisfying clause 187.311 of Schedule 2 to the Regulations, which requires secondary applicants to be members of the family unit of a primary applicant who holds a Subclass 187 visa granted on the basis of satisfying the primary criteria, and to have made a combined application.

The Tribunal reasoned that because the primary applicant's visa application was refused, the secondary applicants could not satisfy the condition of being family members of a primary applicant who held a Subclass 187 visa granted on the primary criteria. Consequently, the Tribunal determined that the appropriate course of action was to remit the primary visa applicant's application back to the Minister for reconsideration of the remaining criteria. In parallel, the Tribunal also remitted the secondary applicants' visa applications to the Minister for reconsideration. The Tribunal directed that the first named applicant (the primary applicant) met criterion cl 187.233 of Schedule 2 to the Regulations.