Bhullar (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Retail Manager (General). The applicant sought review of a decision that refused their nomination. The Tribunal was required to determine whether the nomination for the position had been approved, as required by clause 187.233 of the relevant regulations.

The Tribunal considered the evidence provided by the applicants, including written submissions and supporting documentation. It noted that clause 187.233 requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, and that there is no adverse information known to Immigration about the nominator or associated persons, or that such information is reasonable to disregard. The Tribunal also noted the requirement that the visa application be made no more than six months after the nomination was approved.

The Tribunal found that the position nominated was the same as that declared in the visa application and that the nominator was the prospective employer. Crucially, the Tribunal relied on its previous findings in a nomination application, which had approved the appointment for the position. Based on this prior approval, the Tribunal concluded that the visa applicant met the requirements of clause 187.233. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied clause 187.233.