ACHARYA (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Accountant (General). The applicant sought review of a decision that had refused their visa application. The Tribunal, constituted by Peter Emmerton, was required to determine whether the nomination for the position had been approved, a key criterion for the visa.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several conditions for the nominated position, including that it must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the applicant must be identified in relation to the position where the nomination was made on or after 1 July 2017. The Tribunal also considered whether the employer was the nominator and if there was any adverse information known to Immigration.

The Tribunal reasoned that it had previously set aside the Department's decision and substituted its own decision approving the appointment for the position of Accountant (General). Based on the evidence presented, the Tribunal was satisfied that the approved position matched the one in the visa application declaration and identified the applicant. Furthermore, the Tribunal found that the employer was the nominator and, in light of its prior approval of the appointment, concluded that the applicant met the requirements of clause 187.233.

Consequently, the Tribunal found that the visa applicant satisfied the criteria specified in clause 187.233. Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa.