CHO (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 a Retail Manager (General). The applicant sought review of a decision by the Minister to refuse their nomination. A second applicant, Ms Muri, had withdrawn her review application, and the Tribunal confirmed it had no jurisdiction to consider her matter.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination as required by cl.187.233(3) of the Migration Regulations 1994. This clause, as applicable, required that the nominated position be located in regional Australia, be the subject of an approved nomination that had not been withdrawn, and that the nomination identify the applicant. Further requirements included that the nominator be the prospective employer, that there be no adverse information known to Immigration or that such information be disregarded, that the position remain available, and that the visa application be made within six months of the nomination approval.

The Tribunal reasoned that while the applicant's sponsor's initial nomination was refused by a delegate of the Minister, the Tribunal itself had, on 9 March 2021, set aside that refusal and substituted a decision approving the nomination. Consequently, the Tribunal was satisfied that the applicant was now subject to an approved nomination and that cl.187.233(3) was met. The Tribunal determined that the appropriate course was to remit the visa application for reconsideration by the Minister, with a direction that the first named applicant met the criteria under cl.187.233(3).