Amin (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager (General). The applicant sought review of a decision that 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 the interpretation and application of clause 187.233 of the Migration Regulations, which sets out the requirements for a nominated position in the Direct Entry stream. Specifically, the Tribunal had to ascertain whether the position nominated was the same as that declared in the visa application, whether the employer was the nominator, and crucially, whether the nomination had been approved and not subsequently withdrawn. The Tribunal also considered requirements relating to adverse information and the timing of the visa application relative to the nomination approval.

The Tribunal reasoned that it had previously made findings in a related nomination application, which established that the approved position was indeed the same as that subject to the relevant nomination application and the visa application declaration. It also found that the employer was the nominator. Crucially, the Tribunal determined that, in light of its prior approval of the appointment under regulation 5.19(4), the visa applicant now met the requirements of clause 187.233(3), which pertains to the Minister's approval of the nomination.

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