Ho (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 Office Manager. The applicant's case was reviewed by the Tribunal, which considered whether the nomination criteria under clause 187.233 of Schedule 2 to the Regulations had been met.

The primary legal issue before the Tribunal was to determine if the applicant's nomination satisfied all the requirements of clause 187.233. This clause mandates that the position must be nominated in the Direct Entry stream, located in regional Australia, and identified in relation to the applicant. It further requires that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons (or that such information be reasonably disregarded), that the position remain available to the applicant, and that the visa application be lodged within six months of the nomination's approval.

The Tribunal found that the nomination, approved on 2 November 2022, met all the specified criteria. The position was confirmed to be the one declared in the visa application and identified the applicant. The nominator, Mr Tam, confirmed he would be the employer and that the nomination had not been withdrawn. No adverse information was presented, the position was confirmed as available, and the visa application, made on 1 July 2018, was within the six-month timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria under clause 187.233.