Dewhurst (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 primary issue before the Tribunal was whether the relevant position nomination had been approved as required by clause 187.233 of the Migration Regulations 1994. The applicant sought review of a decision that refused to approve the nomination, which was made by KDS Cabinets Pty Ltd as Trustee for Snelling Family Trust.

The Tribunal was required to determine if the nomination met the criteria outlined in clause 187.233, which necessitates that the nominated position be located in regional Australia, identified in an application for approval, and that the applicant be identified in relation to that position if the nomination was made on or after 1 July 2017. Further requirements included that the nominator be the prospective employer, the nomination be approved and not withdrawn, there be no adverse information known to Immigration about the nominator or associated persons (or such information be disregarded), the position remain available, and the visa application be lodged within six months of the nomination's approval.

The Tribunal reasoned that the Department's prior refusal of the nomination had been set aside by the Tribunal on 22 March 2023, and a decision substituting an approval of the nomination had been made. Consequently, the Tribunal found that the first named applicant met the requirements of clause 187.233(2). As a result, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the first named applicant met the specified criteria. The application of the second named visa applicant was also remitted for full reconsideration.