Golianova (Migration)

This matter concerned an appeal by Ms. Golianova against the refusal of her Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the Direct Entry stream. The Administrative Appeals Tribunal (AAT) was required to determine whether the employer's nomination for the position of Retail Manager (General) had been approved and met the relevant criteria.

The primary legal issue before the Tribunal was the assessment of clause 187.233 of Schedule 2 to the Migration Regulations, which sets out the requirements for an approved nomination. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination application, and that the applicant be identified in relation to the position if the nomination was made on or after 1 July 2017. Further requirements include that the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the employer's nomination for the position of Retail Manager (General) had been approved by the Tribunal itself on 29 November 2019, setting aside the Department's earlier refusal. Based on the evidence presented, the Tribunal was satisfied that the approved position corresponded to the one nominated and declared in the visa application. It also found that the employer was the nominator and that the applicant met the requirements of clause 187.233(3) in light of the Tribunal's approval of the appointment.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that Ms. Golianova met the requirements of clause 187.233.