LINCY (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager. The applicant's employer, Green Pickles Industries Pty Ltd, had made a nomination in respect of the applicant. The decision under review was made by the Tribunal, with Member Mark Bishop presiding.

The primary legal issue before the Tribunal was whether the applicant met the criteria set out in clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position be located in regional Australia, that the applicant be identified in relation to the position if the nomination was made on or after 1 July 2017, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination, matter number 1801776, was approved on 30 October 2020. Based on this finding, the Tribunal concluded that the applicant met the requirements of clause 187.233. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa.