Du Preez (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Finance Broker. The applicant's approved nomination, lodged by Gateway Finance Pty Ltd on 18 December 2019, was the subject of review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant was subject to an approved nomination, as required by clause 187.233 of the Migration Regulations. This clause mandates that the nominated position be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the applicant be identified in the nomination if made after 1 July 2017. Further requirements include that the nominator is the prospective employer, there is no adverse information known to Immigration about 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 found that the nomination lodged by Gateway Finance Pty Ltd on 18 December 2019 had been approved and there was no evidence it had been withdrawn. It was also satisfied that no adverse information was known to Immigration concerning the nominator or associated persons, that the position remained available, and that the visa application, lodged on 21 February 2018, was made within the appropriate timeframe relative to the nomination approval. Consequently, the Tribunal concluded that clause 187.233 was met.

The Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.