Javier (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The applicant, the primary visa holder, sought to have the Department's decision reviewed by the Tribunal. The dispute centred on whether the applicant satisfied clause 187.233 of the relevant regulations, which pertains to the nomination of a position.

The Tribunal was required to determine whether the nominated position met the criteria outlined in clause 187.233. This included assessing whether the position was located in regional Australia, was the subject of an approved nomination, and if the applicant was identified in the nomination where applicable. Further considerations included whether the employer was the nominator, if the nomination had been approved and not withdrawn, the absence of adverse information concerning the nominator, the continued availability of the position, and whether the visa application was lodged within the prescribed timeframe after the nomination approval.

The Tribunal accepted the applicant's oral evidence that she was genuinely employed as a Dental Technician in regional Western Australia since February 2016 and would remain employed for at least two more years. The Tribunal noted that it had previously set aside the Department's decision concerning the nomination and substituted a decision to approve it. Given the evidence that the original nominator would still employ the applicant, the nomination would proceed, and the visa application was made within the required timeframe, the Tribunal found that clause 187.233 was satisfied. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria, directing that the primary applicant met clause 187.233. The applications of the secondary applicants, who were family members of the primary applicant, were to be determined by reference to the outcome of the primary applicant's application.