Huang (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Contract Administrator. The applicant's employer nomination was initially refused by the Department but was subsequently approved by the Tribunal on review. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which outlines specific criteria for the nomination of a position in regional Australia for the Direct Entry stream. These criteria include the position being the subject of an approved nomination, the nominator being the prospective employer, the nomination not being withdrawn, the absence of adverse information or the reasonable disregard thereof, the continued availability of the position, and the visa application being lodged within six months of the nomination's approval.

The Tribunal found that as the relevant nomination had been approved by the Tribunal on 19 October 2022, the applicant met the requirements of subclause 187.233(2). Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the first named applicant met the criteria under clause 187.233. The applications of the second, third, and fourth named visa applicants were also remitted for full reconsideration.