CHIN (Migration)

This matter concerned an appeal by a visa applicant against the refusal of their Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The primary dispute revolved around whether the nomination for the position of Retail Manager had been approved. The decision was made by Peter Emmerton, a Member of the Tribunal.

The Tribunal was required to determine whether the visa applicant met the criteria set out in clause 187.233 of the Migration Regulations. Specifically, this involved assessing whether the nominated position was correctly identified, whether the employer was the nominator, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator, whether the position remained available, and whether the visa application was lodged within six months of the nomination approval.

The Tribunal found that the nominated position of Retail Manager was the same as that declared in the visa application and that the employer was indeed the nominator. Crucially, the Tribunal substituted its own decision for that of the Department, approving the nomination on 8 October 2018. Based on this approval, the Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application, lodged on 23 September 2016, was made within the six-month timeframe after the nomination approval.

Consequently, the Tribunal found that the visa applicant satisfied the requirements of clause 187.233. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the specified nomination requirements.