Sharma Sapkota (Migration)

This matter concerned an appeal by Sharma Sapkota regarding a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Temporary Residence Transition stream. The primary applicant was a hairdresser, and the application was subject to an approved nomination. The appeal also involved adverse information concerning the secondary applicant's criminal convictions. The decision was made by the Tribunal.

The Tribunal was required to determine whether the primary applicant met various criteria for the visa, including licensing, registration, and membership requirements, whether employment would be provided as nominated, whether the applicant had engaged in conduct contravening specific sections of the Migration Act, and whether the applicant met the age and English language proficiency requirements. Additionally, the Tribunal had to consider adverse information relating to the secondary applicant.

The Tribunal found that clause 187.211 was not applicable as there was no evidence that the nominated occupation of Hairdresser required licensing or registration in the Northern Territory. It was satisfied that clause 187.212 was met, as the nominated position would provide the applicant with employment. Clause 187.212A was also met due to a lack of evidence of contravention of the Act. The primary applicant met the age requirement under clause 187.221, having been born on 6 November 1983 and the application being made before 18 March 2018. The Tribunal also noted that the applicant met the English language proficiency requirement under clause 187.222, depending on the application date relative to 1 July 2017.

The Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration. It directed that the first named applicant met the criteria under clause 187.223 of Schedule 2 to the Regulations. The Tribunal recommended that its findings regarding the primary applicant be taken into account during the reconsideration of the secondary applicant's visa application, and that its concerns regarding the secondary applicant's criminality be noted.