Kang (Migration)

The Administrative Appeals Tribunal considered a migration matter involving a visa applicant and the Minister for Immigration. The dispute concerned the applicant's eligibility for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream, specifically for the position of an Accountant. The Tribunal was required to determine whether the nomination for the applicant's position had been approved and met the relevant regulatory criteria.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several requirements for a nomination to be approved, including that the position must be nominated in accordance with specific subregulations, the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration or such information must be disregarded, the position must still be available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal reasoned that based on the evidence provided, including findings made in a prior nomination application, the applicant met the requirements of clause 187.233. Specifically, the Tribunal was satisfied that the approved position was the same as that subject to the nomination and visa application declaration, and that the applicant was identified in relation to the position at the time of the nomination. Furthermore, the Tribunal found that the employer was the nominator and that the visa applicant now met the requirements of clause 187.233(3) in light of the Tribunal's approval of the appointment under a relevant subregulation.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 187.233 of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the grant of the Subclass 187 visa.