Haq (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager (General). The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the nomination for the position had been approved and whether the applicant met the relevant criteria under clause 187.233 of the Regulations.

The Tribunal considered the evidence provided by the applicant, including submissions and supporting documentation previously submitted to the department. It noted that clause 187.233, as applicable, required the nominated position to be located in regional Australia, to be the subject of an approved nomination, and, for nominations made on or after 1 July 2017, to identify the applicant in relation to the position. Further requirements included that the employer be the nominator, the nomination be approved and not withdrawn, and that there be no adverse information known to Immigration, or that such information be disregarded. The position must also remain available, and the visa application lodged within six months of the nomination approval.

The Tribunal found that the approved position was the same as that nominated and declared in the visa application, thus satisfying subclause 187.233(1). It also found that the employer was the nominator, meeting subclause 187.233(2). Crucially, the Tribunal determined that, in light of its previous approval of the appointment under regulation 5.19(4), the visa applicant now met the requirements of subclause 187.233(3). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, directing that the applicant met the requirements of clause 187.233.