Conroy (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant was the subject of an approved position nomination, however, the associated nomination application had initially been refused. The Tribunal, presided over by Vanessa Plain, considered the review of both the nomination and the visa applications.

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 mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination application that identifies the applicant, and that the employer who made the nomination is the same person who will employ the applicant. Further requirements include that the nomination has not been withdrawn, there is no adverse information known to Immigration concerning the nominator or associated persons (or such information is reasonable to disregard), the position remains available, and the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that the applicant satisfied clause 187.233 because the associated nomination application had been reviewed and set aside by the Tribunal on 17 November 2022, with a new decision to approve the nomination substituted. The Tribunal found that Gyro Australia Pty Ltd was the nominator and prospective employer, the nomination was current, the position remained available, and no adverse information was known. Consequently, the Tribunal determined that the appropriate course was to remit the visa applications to the Minister for reconsideration of the remaining visa criteria.