Chen (Migration)

This matter concerned a review of a decision regarding a Subclass 187 Regional Employer Nomination (Permanent) visa application. The applicant sought to have a nomination for the position of Pharmacy Technician approved. The Tribunal was required to determine whether the nomination had been approved and if the applicant met the relevant criteria.

The primary legal issue before the Tribunal was to assess whether the nomination for the Pharmacy Technician position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several conditions, including that the position must be nominated in a valid application, the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration, the position must still be available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the approved position was the same as that subject to the nomination application and the 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 the visa applicant now met the requirements of subclause 187.233(3) in light of its previous approval of the appointment under regulation 5.19(4).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 187.233 for a Subclass 187 visa.