Cho (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for the position of Marketing Specialist. The applicant, Mr. Cho, sought review of a decision concerning his visa application. The Tribunal, constituted by Sheridan Lee, considered the nomination of the position by Nuzzon Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria relating to the nominated position, the nominator, and the timing of the visa application relative to the nomination approval. Specifically, the Tribunal had to determine if the nominated position was located in regional Australia, if Nuzzon Pty Ltd was the employer and nominator, if the nomination had been approved and not withdrawn, if there was no adverse information known to Immigration, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the nominated position of Marketing Specialist in Geelong met the regional requirement. It was satisfied that Nuzzon Pty Ltd made the nomination, would employ the applicant, and that the nomination had been approved and not subsequently withdrawn. Furthermore, the Tribunal determined there was no adverse information known to Immigration, the position remained available, and the visa application was made on the same day as the nomination application, thus satisfying the six-month timeframe.

Consequently, the Tribunal concluded that clause 187.233 was met. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied the requirements of clause 187.233.