Shrestha (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review after a previous refusal of their employer's nomination.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination, a prerequisite for the visa. This question arose because the nomination had initially been refused by a delegate but was subsequently approved by the Tribunal itself.

The Tribunal reasoned that on 4 April 2018, it had approved the nomination made by the applicant's employer under regulation 5.19 of the Migration Regulations 1994. This approval meant that the applicant now satisfied clause 187.233(3) of Schedule 2 to the Regulations. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.