Gohil (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Retail Manager. The applicant's employer, DPD Stores Pty Ltd, had made a nomination which was initially refused by the Department. The employer sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the relevant nomination had been approved as required by clause 187.233 of the Migration Regulations. This clause sets out several requirements, including that the nominated position must be located in regional Australia, identified in the nomination, and still available to the applicant. It also requires that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, and that there is no adverse information known to Immigration, or that such information can be disregarded.

The Tribunal reasoned that the employer's nomination, initially refused by the Department, had subsequently been approved by the Tribunal on 27 April 2023. As this approval meant the applicant now met the requirements of clause 187.233(2), the Tribunal determined that the appropriate course was to remit the visa application for reconsideration by the Minister. This reconsideration was to address the remaining criteria for the first named applicant, and also to reconsider the application of the second named visa applicant in full.