Chohan (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically under the temporary residence transition stream. The core dispute revolved around whether the nominated position met the requirements of clause 187.223 of the Migration Regulations 1994, particularly concerning the approval of the employer's nomination. The decision was made by Susan Reece Jones, a Member of the Tribunal.

The Tribunal was required to determine whether the nominated position was the subject of an approved nomination application that identified the visa applicant, and whether this approval had not been subsequently withdrawn. Further considerations included the absence of adverse information concerning the nominator or associated persons, the regional location of the position, its continued availability to the applicant, and the timeliness of the visa application relative to the nomination approval. The applicant's visa application was based on a nomination by Spice King Pty Ltd, which had initially been refused by the Department.

The Tribunal reasoned that the critical issue was the approval of the nomination under cl.187.223. Although the Department had refused the nomination, the Tribunal had subsequently set aside that decision and substituted an approval on 7 June 2021. As the nomination was now approved, the first named applicant met the requirements of cl.187.223(2). Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first named applicant met the criteria under cl.187.223, and that the remaining criteria for both the first and second named applicants should be reconsidered in full.