Chang (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 Personal Assistant. The applicant's employer, Central Coast Winery Pty Ltd, had sought approval for the nomination. The Administrative Appeals Tribunal, constituted by Susan Trotter, was required to determine whether the nomination had been approved, as this was a key criterion for the visa.

The central legal issue before the Tribunal was whether the applicant's employer had satisfied clause 187.233(3) of Schedule 2 to the Migration Regulations, which mandates that the position be the subject of an approved nomination. The Tribunal noted that the Department of Home Affairs had initially refused the nomination application on 10 July 2019. However, following a review sought by the employer, the Tribunal, on 21 February 2020, set aside the Department's decision and substituted it with a decision to approve the nomination.

The Tribunal reasoned that because its prior decision had approved the nomination, the criterion under clause 187.233(3) was now met. Consequently, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining eligibility criteria. The Tribunal directed that the applicant be considered to meet criterion 187.233(3) of Schedule 2 to the Regulations.