Gampola (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 retail manager. The applicant's employer, Raminea Pty Ltd, had lodged a nomination application which was initially refused by the Department. The applicant sought review of this decision. The Tribunal, constituted by Susan Reece Jones, was required to determine whether the relevant nomination had been approved as required by clause 187.233 of the Migration Regulations.

The central legal issue was whether the applicant met the criteria under clause 187.233, specifically concerning the approval of the employer's nomination. This clause requires, among other things, that the nominated position is located in regional Australia, that the nominator is the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration or that such information is reasonable to disregard, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the employer's nomination, initially refused by the Department on 2 June 2017, had subsequently been approved by the Tribunal on 2 December 2022, following a review of the Department's decision. As the nomination was now approved, the Tribunal concluded that the first named applicant met the requirements of clause 187.233(2). Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the first named applicant met the specified criteria. The applications of the second, third, and fourth named visa applicants were also remitted for full reconsideration.