Chang (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), before the Tribunal. The primary applicant sought review of a decision to refuse the nomination application, which had previously been set aside by the Tribunal. The secondary applicant was the spouse of the primary applicant and a member of her family unit.

The Tribunal was required to determine whether the primary applicant was the subject of an approved nomination for the position, as required by clause 187.233 of the Migration Regulations 1994. This involved assessing whether the nominated position was located in regional Australia, whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination approval. The Tribunal also needed to consider if the secondary applicant met the criteria for a family member under clause 187.311.

The Tribunal found that the primary applicant met the requirements of clause 187.233, noting that the delegate's refusal decision had been set aside, the nomination was now approved, the nominator was the prospective employer, the nomination had not been withdrawn, no adverse information was known or was reasonable to disregard, the position was still available, and the visa application was made within the prescribed timeframe. Furthermore, the Tribunal found that the secondary applicant, being married to the primary applicant and residing with her, met the criteria under clause 187.311 as a family member.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Minister, with a direction that both the primary and secondary applicants met the specified criteria for the Subclass 187 visa.