Balmuri (Migration)

This matter concerned an appeal to the Tribunal regarding the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The applicant sought review of a decision that refused to approve the nominated position of Marketing Specialist (ANZSCO Code: 225113).

The primary legal issue before the Tribunal was whether the applicant possessed an approved standard business sponsor for the nominated position. This involved assessing whether the applicant's qualifications and work duties aligned with the requirements of the nominated occupation, and whether the nomination itself met the criteria stipulated in clause 187.233 of the relevant regulations, including the location of the position in regional Australia, the employer's identity, the approval and non-withdrawal of the nomination, the absence of adverse information, the continued availability of the position, and the timeliness of the visa application relative to the nomination approval.

The Tribunal found that the evidence presented, including the applicant's Master of Business Administration from Federation University and a detailed description of their marketing duties, satisfied the requirements for the nominated occupation. The Tribunal was satisfied that the applicant had an approved standard business sponsor for the position of Marketing Specialist. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.187.233 of Schedule 2 to the Regulations.