Hur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Direct Entry stream for a dentist. The dispute arose when a delegate's decision to refuse the nomination application was under review by the Tribunal. The Tribunal, constituted by Member C. Packer, considered the requirements for the approval of a nomination for a position in regional Australia.

The primary legal issue before the Tribunal was whether the nominated position met the criteria set out in clause 187.233 of Schedule 2 to the Regulations. This clause requires the position to be the subject of an approved nomination application in the Direct Entry stream, located in regional Australia, and to be the position that was the subject of the declaration made as part of the current visa application. Furthermore, for nominations made on or after 1 July 2017, the nomination must identify the applicant in relation to the position.

The Tribunal reasoned that a previous decision in Tribunal case 1832944, made on 22 October 2021, had already found that the nominator, Experteeth Dental Coonabarabran Pty Ltd, met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the delegate's refusal and substituted a decision approving the nomination, thereby satisfying clause 187.233(3).

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration. The remittal was made with the direction that the applicant meets the criteria specified in clause 187.233(3) of Schedule 2 to the Regulations, allowing the Minister to assess the remaining visa criteria.