Gautam (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a position as a Hair or Beauty Salon Manager. The applicant's employer, Minu Threading Pty Ltd, had made a nomination which was initially refused by the Department. The employer sought review of this decision, and the Tribunal set aside the Department's refusal, substituting a decision to approve the nomination. The primary issue before the Tribunal was whether the relevant nomination had been approved as required by clause 187.233 of the Migration Regulations.

The Tribunal was required to determine if the nomination met the criteria set out in clause 187.233, which included that the nominated position be located in regional Australia, that the applicant be identified in relation to the position for nominations made on or after 1 July 2017, that the employer be the nominator, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons, that the position remain available, and that the visa application be made within six months of the nomination approval. The Tribunal specifically considered whether the applicant met the requirements of clause 187.233(2) in light of the subsequent approval of the nomination.

The Tribunal reasoned that as the nomination had been approved by the Tribunal on review, the applicant now met the requirements of clause 187.233(2). Consequently, the Tribunal concluded that the appropriate course of action was to remit the visa application for reconsideration by the Minister, with a finding that the first named applicant met the criteria under clause 187.233(2). The Tribunal also directed that the remaining criteria for the first named applicant's visa application, as well as the entirety of the second named applicant's visa application, should be reconsidered.