Kobela (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding a Regional Employer Nomination (Permanent) (Class RN 187) visa application. The applicant sought review of the Department's decision to refuse their visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the relevant regulations. This clause outlines several criteria relating to the nominated position, the nominator, and the approval and currency of the nomination.

The Tribunal reasoned that it was satisfied the nominated position was the same as that in the visa application declaration and identified the applicant. It also found that the employer was the nominator and that the nomination had been approved. Based on its findings regarding the nomination application, the Tribunal concluded that the applicant met the requirements of clause 187.233. Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration of the remaining criteria, with a direction that the applicant met the requirements of clause 187.233 for a Subclass 187 visa.