KAUR (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The applicant's nominating employer, M & H Pty Ltd, had initially applied for approval of a nomination for the position of Retail Manager, which was refused by the Department. The employer sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations, which pertains to the approval of a nomination for a position in regional Australia. This clause, as applicable, required that the nominated position be the subject of an approved nomination application, that the nominator be the prospective employer, that the nomination had not been withdrawn, that there was no adverse information known to Immigration or that such information was reasonable to disregard, that the position remained available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the employer had applied for approval of the nomination for the Retail Manager position. Although the Department initially refused this nomination, the employer applied for review, and on 7 October 2020, the Tribunal set aside the Department's decision and substituted a decision to approve the nomination under subregulation 5.19(4). Consequently, the Tribunal concluded that clause 187.233 was met.

The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 187.233(3) of Schedule 2 to the Regulations.