Beeveerakath Puthiyapurayil (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding a Subclass 187 Regional Employer Nomination (Permanent) visa application. The applicant sought review of the Department's decision to refuse their visa application, which had been based on the nomination for a Retail Manager position not being approved.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position as a Retail Manager met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several criteria, including that the position must be the subject of an approved nomination, located in regional Australia, and identify the applicant in relation to the position. It also requires that the nominator be the prospective employer, the nomination has not been withdrawn, there is no adverse information, the position remains available, and the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant satisfied the requirements of clause 187.233. It relied on its previous findings from a nomination application, which had approved the appointment for the Retail Manager position. The Tribunal was satisfied that the approved position was the same as that in the visa application and that the nominator was the prospective employer. Consequently, the Tribunal determined that the visa applicant met the specified criteria.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the requirements of clause 187.233 for a Subclass 187 visa.