De Bruin (Migration)

This matter concerned an appeal by the applicants against a decision regarding their application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The core dispute revolved around whether the applicants were the subject of an approved nomination for the position of ICT Project Manager, as required by the relevant migration regulations.

The Tribunal was required to determine if the nominated position met the criteria outlined in clause 187.233 of Schedule 2 to the Regulations. This involved assessing whether the nomination application was properly made, if the nominator was the intended employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within the prescribed timeframe after nomination approval.

The Tribunal considered the delegate's decision, which found the nominator's business was not trading in Australia based on its business plan, financial forecasts, and lack of existing products for sale, with trade commencement anticipated in August 2020 and product availability in 2021. However, the Tribunal also reviewed additional evidence provided by the nominator, including financial statements, ASIC material, BAS statements, and tax returns, which indicated the business was registered in 2018, had lodged BAS statements and tax returns, employed staff, and had raised significant capital. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister to assess the remaining visa criteria.