Browne (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The applicant sought the visa based on a nomination by Ambergold Holdings Pty Ltd ATF Ambergold Unit Trust for a position as a Café or Restaurant Manager. The initial decision by the delegate refused the nomination. Ambergold Holdings Pty Ltd ATF Ambergold Unit Trust then sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the nomination of the position for the applicant had been approved, as required by clause 187.233 of the applicable regulations. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination application, and correspond to the position declared in the visa application. The Tribunal was also required to consider the effect of a subsequent decision by the Tribunal itself regarding the nomination.

The Tribunal reasoned that on 13 September 2021, it had reviewed the delegate's decision to refuse the nomination and had set aside that decision, making a new decision to approve the nomination. As the nomination had subsequently been approved, the Tribunal found that the applicant met the criterion under cl 187.233(3). Consequently, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.