Jang (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant sought review of a decision to refuse their nomination application. The Tribunal was required to determine whether the nominated position met the criteria under clause 187.233 of Schedule 2 to the Regulations.

The Tribunal considered whether the nominated position was located in regional Australia, whether the applicant was identified in relation to the position, and whether the employer who made the nomination was the same person who would employ the applicant. It also examined whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, and whether the position remained available to the applicant. Furthermore, the Tribunal assessed whether the visa application was made within six months of the nomination approval.

The Tribunal found that the nominated position met all the requirements of clause 187.233. Specifically, it noted that the nomination had been approved earlier that day, that no adverse information was known to Immigration, and that the position was still available to the applicant with an ongoing employment contract. The Tribunal also confirmed that the visa application was made within the prescribed timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.