Lee (Migration)

This matter concerned an appeal by an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The core dispute revolved around the refusal of the applicant's associated position nomination, with the applicant contending that there was a genuine need for the nominated office manager position within their family-owned rural business.

The Tribunal was required to determine whether the applicant was the subject of an approved nomination for the position of office manager. This involved assessing whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the relevant regulations, including that the position was located in regional Australia, the nominator was the prospective employer, the nomination had been approved and not withdrawn, there was no adverse information concerning the nominator or associated persons, the position remained available, and the visa application was made within six months of the nomination approval.

The Tribunal considered evidence presented both before and at the hearing, including documentary and oral evidence from the applicant and nominee, and supporting statements. The delegate's decision record indicated a lack of sufficient evidence demonstrating a genuine need for a full-time office manager, given the business's commencement date and existing employee numbers. However, the applicant provided further information, including letters of support and business details, asserting that the business had expanded significantly in terms of product range and processing volume, and that automation had made it impossible to find reliable labour to support this growth. The Tribunal found that the applicant had provided sufficient evidence to satisfy criteria 187.233 and 187.223.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the specified criteria for the Subclass 187 visa.