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 where their nomination was not approved. The Tribunal was required to determine whether the nomination had been approved in accordance with the relevant legislative criteria.

The Tribunal considered clause 187.233 of the Migration Regulations, which outlines the requirements for a nominated position. These include that the position must be located in regional Australia, be the subject of an approved nomination, and that the nominator is the prospective employer. The clause also specifies conditions regarding adverse information, the continued availability of the position, and the timeframe between nomination approval and visa application.

The Tribunal found that the nominated position, that of Retail Manager (General) ANZSCO 142111, met the requirements of clause 187.233. It relied on its previous findings in a nomination application, which had set aside a departmental decision and substituted an approval for the appointment. The Tribunal was satisfied that the approved position was the same as that in the visa application declaration and that the prospective employer was the nominator. Consequently, the Tribunal concluded that the visa applicant satisfied the criteria specified in clause 187.233.

The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa. The direction was that the first applicant met the requirements of clause 187.233.