LAI (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 the position of Retail Manager (General). The applicant's visa application had been refused by the Department. The Administrative Appeals Tribunal (AAT) was required to review this decision.

The primary legal issue before the Tribunal was whether the nomination for the position had been approved, as required by clause 187.233 of the Migration Regulations. This clause outlines several criteria that must be met, including that the nominated position is located in regional Australia, that the employer is the nominator, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the nomination application was lodged on 14 March 2017, and the visa application was refused on 28 February 2018. However, on 3 May 2019, the Tribunal set aside the Department's decision and substituted its own decision, approving the appointment for the position of Retail Manager (General). The Tribunal was satisfied, based on the evidence before it, that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration. It also found that the employer was the nominator and that the applicant met the requirements of clause 187.233(3) in light of the Tribunal's approval of the appointment.

Consequently, the Tribunal found that the visa applicant satisfied the requirements of clause 187.233. The Tribunal therefore remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the first applicant met the requirements of clause 187.233.