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 that refused their nomination. The Tribunal, constituted by Peter Emmerton, was required to determine whether the nomination had been approved and if the applicant met the relevant criteria.

The primary legal issue before the Tribunal was the approval of the nomination for the position of Retail Manager (General). This involved assessing whether the nominated position was located in regional Australia, whether the nominator was the prospective employer, and crucially, whether the nomination itself had been approved and not subsequently withdrawn. The Tribunal also had to consider whether there was any adverse information concerning the nominator or associated persons, and if the position remained available to the applicant within the prescribed timeframe after nomination approval.

The Tribunal reasoned that it had previously set aside the Department's decision and substituted its own decision approving the appointment for the position of Retail Manager (General). Based on the evidence presented, the Tribunal was satisfied that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration. Furthermore, the Tribunal found that the nominator was the prospective employer and that the visa applicant now met the requirements of clause 187.233, including the approval of the nomination.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration. The direction was that the applicant meets the criteria specified in clause 187.233 of Schedule 2 to the Regulations for a Subclass 187 visa.