Bhasin (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Retail Manager. The applicant's nomination was initially refused by the Department but was subsequently approved by the Administrative Appeals Tribunal (the Tribunal) on 19 March 2019. The Tribunal, constituted by Sheridan Lee, considered whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 187.233, which outlines specific criteria for a nominated position in regional Australia. These criteria include that the position must be the subject of an approved nomination that has not been withdrawn, that the employer is the nominator, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that all elements of clause 187.233 were met. It was satisfied that LVR Management, the nominator, would employ the nominee, the nomination had been approved and not withdrawn, no adverse information was known to Immigration, the position remained available, and the visa application was made on the same day as the nomination application, thus falling within the six-month timeframe. Based on these findings, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining visa criteria.