Hoang (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 Data Analyst. The applicant, Ms. Hoang, had her nomination approved by the Tribunal on 14 December 2021. The dispute before the Tribunal was whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if the nominated position satisfied all the criteria stipulated in clause 187.233. This clause requires, among other things, that the position be located in regional Australia, that the applicant be identified in the nomination application, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration concerning the nominator or associated persons, that the position remain available to the applicant, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the nominated position of Data Analyst with 4 Ways Pty Ltd met the requirements of clause 187.233. Specifically, the Tribunal was satisfied that 4 Ways Pty Ltd would employ Ms. Hoang, that no adverse information was known to Immigration, that the position remained available, and crucially, that the visa application was made before the nomination was approved. Based on these findings, the Tribunal concluded that the applicant met this specific criterion.

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 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the grant of the visa.