Arora (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa application under the Subclass 187 Direct Entry stream for a Retail Manager. The applicant sought review of a decision to refuse their visa application. The Tribunal, constituted by Member Peter Emmerton, was required to determine whether the applicant met the criteria for the visa, specifically focusing on the nomination requirements.

The primary legal issue before the Tribunal was whether the nomination for the position of Retail Manager had been approved and if the position remained available to the applicant, as stipulated by clause 187.233 of the relevant regulations. This involved assessing whether the nominated position was the same as that declared in the visa application, whether the nominator was the prospective employer, and whether the nomination had been approved and not withdrawn. The Tribunal also considered the requirement that the position be still available to the applicant and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that it had previously made findings in a related nomination application that the position of Retail Manager was approved and that the prospective employer was the nominator. Based on this prior finding and the evidence presented, the Tribunal was satisfied that the approved position was indeed the one subject to the nomination and visa application. Consequently, the Tribunal found that the applicant met 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. The Tribunal directed that the applicant be considered to have met the requirements of clause 187.233 of Schedule 2 to the Regulations.