Alcontin (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically the temporary residence transition stream. The applicant sought review of a decision concerning the approval of a related position nomination. The decision was made by Susan Reece Jones, a member of the Tribunal.

The primary legal issue before the Tribunal was whether the relevant nomination for the applicant's visa had been approved in accordance with clause 187.223 of the Migration Regulations. This clause outlines several requirements for a nomination to be approved, including that the nominated position must be identified in an application for approval, that the nomination itself must have been approved and not withdrawn, that there must be no adverse information concerning the nominator or associated persons, that the position must remain available to the applicant, and that the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that while the Department had initially refused the employer nomination, the Tribunal itself had subsequently set aside that decision and substituted an approval of the nomination on 30 November 2020. As a result, the Tribunal found that the applicant now met the requirements of clause 187.223(2) regarding the approval of the nomination. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration of the remaining criteria for the visa.