Goinden (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant sought review of a decision concerning the approval of a nominated position. The Tribunal, constituted by Susan Reece Jones, was required to determine whether the relevant nomination had been approved as required by cl.187.233 of the Migration Regulations 1994.

The central legal issue was whether the applicant met the requirements of cl.187.233, specifically concerning the approval of the nominated position. This clause mandates that the position be the subject of an approved nomination application, that the employer who made the nomination is the one who will employ the applicant, that the nomination has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's employer nomination, initially refused by the Department, had subsequently been set aside by the Tribunal on 23 March 2022, with a substituted decision approving the nomination. As the nomination was now approved, the Tribunal found that the applicant met the requirements of cl.187.233(2). Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant meets the criteria under cl.187.233(2), requiring the Minister to consider the remaining criteria for the visa.