Adeniyi (Migration)

This matter concerned an appeal by a visa applicant against a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The applicant sought review of the decision before the Tribunal, which was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the nomination for the position of Health Practice Manager had been approved and met the requirements of clause 187.223 of Schedule 2 to the Migration Regulations. This clause outlines several conditions, including that the nominated position must be the one approved in the nomination application, that the employer is the nominator, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator, that the position remains available, and that the visa application was lodged within six months of the nomination approval.

The Tribunal found that the applicant satisfied the requirements of clause 187.223. It relied on its previous findings in a related nomination application, where it had approved the appointment for the Health Practice Manager position. The Tribunal was satisfied that this approved position was the same as that nominated and declared in the visa application. Furthermore, it found that the employer was the nominator and that the visa applicant now met the requirements of clause 187.233(3) in light of the Tribunal's approval of the appointment.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 187.223 for a Subclass 187 visa. The Minister was to consider the remaining criteria for the visa.