Tavakoli Shiraji (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, concerning a Retail Manager. The applicant's nomination application had been approved by the Tribunal, and the decision under review was remitted.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa, specifically clauses 187.223 and 187.311 of Schedule 2 to the Regulations. This involved determining if the applicant's nomination was valid and if the secondary applicant, as a member of the family unit, satisfied the relevant requirements.

The Tribunal reasoned that because the primary applicant possessed an approved standard business sponsor, it followed that the secondary applicant, as a member of the family unit, had satisfied the requirements of clause 187.311. Consequently, the Tribunal remitted the application for reconsideration with a direction that the first named applicant met the specified criteria under clauses 187.223 and 187.311 of Schedule 2 to the Regulations.