Jang (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 a position as a Retail Manager. The applicant provided details of a nomination with Transaction Reference Number EGOCQFJ7E3, made by the nominator for the Retail Manager position. The Tribunal was required to determine whether the position to which the application related was the subject of an approved nomination in regional Australia, and whether this position was the one declared in the visa application.

The Tribunal considered whether the criteria under cl.187.233 of Schedule 2 to the Regulations were met. Specifically, it examined whether the nominated position was correctly identified, if the nominator was the intended employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval. The Tribunal noted that the applicant had declared the position was nominated under regulation 5.19 and provided the relevant nomination details.

The Tribunal found that the nomination made by the nominator for the Retail Manager position was approved by the Tribunal on 6 October 2020. Consequently, the Tribunal concluded that criterion cl.187.233(3) was satisfied. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant met criterion cl.187.233(3).