Bhatt (Migration)

The Administrative Appeals Tribunal considered a Regional Employer Nomination (Permanent) (Class RN) visa application under the Direct Entry stream for a Retail Manager (General). The applicant sought review of a decision that had refused their visa application.

The primary legal issue before the Tribunal was whether the nomination for the position had been approved, as required by clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several criteria, including that the nominated position must be the subject of an approved nomination application, that the employer must be the nominator, that the nomination must not have been withdrawn, and that there must be no adverse information known to Immigration, or such information must be disregarded.

The Tribunal found that the nominated position for Retail Manager (General) was the same as that subject to the relevant nomination application and visa declaration, thus satisfying subclause 187.233(1). It also found that the employer was the nominator, meeting subclause 187.233(2). Crucially, the Tribunal determined that, based on its prior approval of the appointment under regulation 5.19(4), the visa applicant now met the requirements of subclause 187.233(3).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the first named applicant satisfies the requirements of clause 187.233.