Leung (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream, for a Customer Service Manager. The decision was made by George Hallwood, a Member of the Tribunal. The core dispute revolved around whether the primary applicant met the requirements of clause 187.233 of the Migration Regulations.

The Tribunal was required to determine if the nominated position was the subject of an approved nomination in the Direct Entry stream, located in regional Australia, and if it corresponded to the position declared in the visa application. Further, the Tribunal had to assess whether the nominator was also the prospective employer, if the nomination had been approved and not withdrawn, and if there was any adverse information concerning the nominator or associated persons. Finally, the Tribunal needed to ascertain if the position remained available to the applicant and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination by S&A Homefix Pty Ltd for the Customer Service Manager position was approved on 11 August 2023 and had not been withdrawn. It was satisfied that the nominator was the prospective employer, that the position was still available, and that no adverse information was known or required to be disregarded. Crucially, the Tribunal noted that the visa application was made on 15 August 2019, while the nomination was approved on 11 August 2023. This temporal discrepancy meant the visa application was lodged more than six months after the nomination approval, failing criterion (6) of clause 187.233.

Consequently, the Tribunal remitted the application for reconsideration. It directed that the first named applicant be found to meet the criteria under cl 187.233, implying that the temporal issue would be addressed or waived during the reconsideration. The Tribunal also recommended that the secondary applicant's visa be reconsidered alongside the primary applicant's, given their refusal as a family unit member.