Labecka (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) visa (Subclass 187) in the Direct Entry stream, specifically for the position of Officer Manager. The applicant's employer, Euro Car Upgrades Pty Ltd, had initially applied for approval of the nomination, which was refused by the Department of Home Affairs. The employer then sought review of this refusal with the Tribunal. The Tribunal, constituted by Susan Trotter, was required to determine whether the nomination had been approved, as this was a prerequisite for the visa application.

The central legal issue before the Tribunal was whether clause 187.233(3) of Schedule 2 to the Regulations, which requires that the nomination be approved, had been met. The Tribunal noted that the Department's initial refusal of the nomination application on 7 November 2016 had been the subject of the employer's review. The Tribunal considered the records of the Department of Home Affairs, which indicated that the nomination application was made on 10 February 2016 and refused on 7 November 2016.

The Tribunal reasoned that on 6 February 2019, it had set aside the Department's decision to refuse the nomination and substituted a decision to approve it. Consequently, the Tribunal concluded that clause 187.233(3) was now met in relation to the applicant. The Tribunal also noted that the second applicant, who applied as a member of the first applicant's family unit, would have their application determined by reference to the outcome of the first applicant's application upon remittal. The Tribunal restricted its consideration to the issue of the adverse decision that was the subject of review.

The Tribunal remitted the application for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Minister. It directed that the first-named applicant met the criteria under clause 187.233(3) of Schedule 2 to the Regulations. The second-named applicant's application would be determined by reference to the outcome of the first applicant's application on remittal to the Department for reconsideration of the remaining visa criteria.