Lakic (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. The applicant's nominating employer, GDH Produce Pty Ltd, had its nomination refused by the Department. The employer sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the position of Retail Manager met the requirements of clause 187.233 of Schedule 2 to the Regulations. This clause, as applicable, required, among other things, that the nomination be approved, not subsequently withdrawn, that the position be available to the applicant, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the nominating employer had applied for approval of the Retail Manager position in respect of the applicant. Although the Department initially refused the nomination, the Tribunal, on 17 January 2020, set aside that decision and substituted an approval of the nomination under subregulation 5.19(4). Consequently, the Tribunal concluded that the applicant met the requirements of clause 187.233(3).

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 187.233(3) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.