Vahora (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 the position of Retail Manager (General). The applicant, Mr Vahora, was the nominee for this position. The dispute before the Tribunal was whether the nomination for the position had been approved, as required by the relevant migration regulations.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria under clause 187.233(3) of Schedule 2 to the Migration Regulations 1994, which mandates that the position must be the subject of an approved nomination. The Tribunal was required to consider the history of the nomination application, including its initial refusal and subsequent review.

The Tribunal found that while the Department of Home Affairs had initially refused the nomination application made by the applicant's employer, Zeel Enterprises Pty Ltd ATF Shastri Family Trust No 2, this decision was later set aside by the Tribunal on 23 September 2020. On that date, the Tribunal substituted its own decision to approve the nomination. Consequently, the Tribunal concluded that clause 187.233(3) was now met in relation to the applicant. The Tribunal also noted that the secondary applicants, who applied as members of the applicant's family unit, would have their applications determined by reference to the outcome of the applicant's application.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233(3). The Tribunal limited its consideration to the specific issue that was the subject of the delegate's adverse decision, in accordance with the President's Direction.