Law (Migration)

The Administrative Appeals Tribunal considered a Regional Employer Nomination (Permanent) (Class RN) visa application under the Direct Entry stream for a Retail Manager (General). The applicant sought review of a decision to refuse their visa application, which was based on the nomination not being approved. The Tribunal was tasked with determining whether the nomination for the position had been approved and if the applicant met the relevant criteria.

The primary legal issue before the Tribunal was whether the nomination for the Retail Manager (General) position satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several conditions, including that the nominated position must be the subject of an approved nomination, that the employer must be the nominator, that the nomination must not have been withdrawn, and that there must be no adverse information known to the Department of Immigration, or such information must be disregarded. Additionally, the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal reasoned that it had previously set aside the Department's refusal 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 nomination application and the visa application declaration, thus meeting subclause 187.233(1). Furthermore, the Tribunal found that the employer was the nominator and that, in light of its prior approval of the appointment, the visa applicant now met the requirements of subclause 187.233(3).

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