Handa (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 a Retail Manager (General) position. The applicant sought review of a decision concerning the approval of the nomination for this position. The Tribunal was required to determine whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Regulations, specifically concerning the nominated position and the approval of the nomination.

The Tribunal considered the criteria set out in cl.187.233, which included that the nominated position must be located in regional Australia, the person who will employ the applicant must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval. The Tribunal noted that following a hearing on 9 April 2020, it had set aside a previous decision regarding the nomination application and substituted a decision approving the nomination on 26 April 2020.

Having found that the nomination was approved by the Tribunal on 26 April 2020, and having reviewed the submitted information and further evidence, the Tribunal was satisfied that all the requirements of cl.187.233 were met. This included confirmation that the employer was the nominator, the nomination was approved and not withdrawn, there was no adverse information, the position remained available, and the visa application was lodged within the six-month timeframe following the nomination approval. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.