Hou (Migration)

This matter concerned a review by the Tribunal of a decision relating to a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The nominated position was Practice Manager. The Tribunal ultimately concluded that the matter should be remitted for reconsideration.

The primary legal issue before the Tribunal was whether the nomination for the position had been approved, as required by clause 187.233 of the Regulations for applicants in the Direct Entry stream. This involved determining whether the nominated position met specific criteria, including that it was the subject of an approved nomination application, that the employer was the nominator, that the nomination had not been withdrawn, and that there was no adverse information known to Immigration, or that such information could be disregarded.

The Tribunal reasoned that for Direct Entry stream applicants, the nominated position must be one that was the subject of an application for approval under the relevant regulations. It noted that the employer lodged a nomination on 12 May 2017, which was refused on 3 October 2017. However, on 27 June 2018, the Tribunal set aside the Department's decision and substituted a decision approving the appointment for the position of Practice Manager. Based on the evidence, the Tribunal was satisfied that this approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration, thus meeting the requirements of clause 187.233(1). The Tribunal also found that the employer was the nominator and that the nomination had been approved, satisfying clauses 187.233(2) and (3).

Consequently, the Tribunal found that the visa applicant satisfied the requirements of clause 187.233. The Tribunal remitted the applications for reconsideration by the Minister, with the direction that the first applicant met the criteria specified in clause 187.233 for a Subclass 187 visa.