Lin (Migration)

This matter concerned an application for a Subclass 187 Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Direct Entry stream, for a position as a Massage Therapist. The applicant's employer, Day Spa Co Pty Ltd, had lodged a nomination application which was initially refused by a delegate of the Minister of Home Affairs. Day Spa Co Pty Ltd subsequently applied for review of this refusal with the Tribunal. The Tribunal, presided over by Jade Murphy, ultimately set aside the delegate's decision and approved the nomination.

The central legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by clause 187.233 of the applicable regulations. This clause, as relevant, mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination that identifies the applicant, and that the nominator is the prospective employer. Further requirements include that the nomination has not been withdrawn, there is no adverse information known to Immigration concerning the nominator or associated persons (or such information is reasonable to disregard), the position remains available to the applicant, and the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that since it had set aside the initial refusal and substituted a decision approving the nomination, the criterion under clause 187.233 was satisfied. Having found that the nomination was approved, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant met clause 187.233 of Schedule 2 to the Regulations.