DU (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream, for the position of Retail Manager. The applicant had provided details of a nomination with Transaction Reference Number EGOC90CRMP. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the nominated position met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the nominated position was the subject of an approved nomination in the Direct Entry stream, located in regional Australia, and whether this position was the one declared in the visa application. The Tribunal also considered specific criteria relating to the employer making the nomination, the approval and non-withdrawal of the nomination, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and the timeframe between nomination approval and visa application.

The Tribunal found that the applicant had provided details of a nomination for the position of Retail Manager, and that the applicant had declared that the position was nominated under regulation 5.19. Crucially, the Tribunal noted that the nomination had been approved by the Minister on 28 October 2020. Consequently, the Tribunal concluded that criterion cl.187.233(3) of Schedule 2 to the Regulations was met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant met criterion cl.187.233(3) of Schedule 2 to the Regulations.