Krekt (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 employer, RJ Kinnon & Co Pty Ltd, had sought approval for a nomination for the position of Public Relations Manager. The primary dispute before the Tribunal was whether the nomination had been approved, a prerequisite for the visa application.

The Tribunal was required to determine if the nomination for the Public Relations Manager position met the criteria set out in clause 187.233 of the relevant migration regulations. Specifically, the Tribunal needed to ascertain if the nomination had been approved by the Minister, as required by clause 187.233(3). The employer's initial nomination application was refused, leading to a review sought by the employer with the Tribunal.

The Tribunal found that its previous decision, made on 4 January 2019, had set aside the Department's refusal and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that clause 187.233(3) was now satisfied. Adhering to its President's Direction, the Tribunal limited its consideration to the issue of the nomination's approval. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the criterion under clause 187.233(3).