Habibullah (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 the position of Workplace Health and Safety/HR Advisor. The applicant sought review of a decision concerning their visa application. The Tribunal, constituted by Terrence Baxter, was required to determine whether the applicant's nomination for the position was approved.

The primary legal issue before the Tribunal was whether the nomination for the position of Workplace Health and Safety/HR Advisor met the requirements of clause 187.233 of the Migration Regulations 1994. This clause, as applicable, stipulated several conditions, including that the position must be located in regional Australia, the applicant must be identified in the nomination application, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information concerning the nominator or associated persons, the position must remain available, and the visa application must be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 nominator had applied to have the position approved with the applicant as the nominee on 27 February 2018. Although this nomination application was initially refused on 15 January 2019, the nominator sought review. On 22 February 2022, the Tribunal set aside the Department's refusal decision and substituted it with a decision to approve the nomination. Consequently, the Tribunal concluded that criterion 187.233(3) of the Regulations was met.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets criterion 187.233(3) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.