Kumar (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager (General). The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the applicant's nomination for the position had been approved and whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations.

The Tribunal considered the evidence presented, including the applicant's claims, written submissions, and supporting documentation. It noted that clause 187.233, as applicable, required the nominated position to be located in regional Australia, to be the subject of an approved nomination, and to identify the applicant. Further, the employer must be the nominator, the nomination must not have been withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the approved position was the same as that nominated and declared in the visa application, satisfying subclause 187.233(1). It also found that the employer was the nominator, meeting subclause 187.233(2). Crucially, the Tribunal determined that, in light of its own previous approval of the appointment under regulation 5.19(4), the applicant now met the requirements of subclause 187.233(3), which pertains to the Minister's approval of the nomination. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria.