Krishan (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager. The applicant sought review of a decision by the Department of Immigration, which had refused to approve the nomination. The Administrative Appeals Tribunal, constituted by Member Phoebe Dunn, considered the applicant's claims and the evidence presented.

The primary legal issue before the Tribunal was whether the nomination for the position of Retail Manager met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause, as applicable, stipulated several conditions, including that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information concerning the nominator or associated persons, that the position remain available to the applicant, and that the visa application be lodged within six months of the nomination's approval.

The Tribunal noted that the Department had initially refused the nomination, leading the applicant to seek review. Crucially, on 23 September 2020, the Tribunal set aside the Department's decision and substituted a decision approving the nomination. Having found that the relevant nomination was now approved, the Tribunal concluded that the applicant met the requirements of clause 187.233(3). Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.