Lakkapuram Mohanasundaram (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision to refuse their visa application, which had been remitted by the Tribunal for reconsideration. The primary issue before the Tribunal was whether the applicant had an approved nomination for the nominated position of Retail Manager.

The Tribunal was required to determine if the applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations. This clause, as applicable, stipulated several requirements, including that the nominated position be located in regional Australia, that the employer who made the nomination would employ the applicant, that the nomination had been approved and not withdrawn, that there was no adverse information known to Immigration about the nominator or associated persons, that the position remained available, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the applicant satisfied clause 187.233. Specifically, it was satisfied that the company Four Hands Pty Ltd, which made the nomination, would employ the applicant. The Tribunal also confirmed that the nomination, approved on 29 November 2019, had not been withdrawn, that no adverse information was known to the Department regarding the company or associated persons, and that the visa application was lodged within the six-month timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.