Luu (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Retail Manager position. The applicant's employer had initially had its nomination application refused by the Department. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination for the Retail Manager position, which had not subsequently ceased to be available. This required the Tribunal to consider the criteria set out in clause 187.233 of the Migration Regulations 1994, including whether the nominated position was in regional Australia, identified the applicant, had been approved and not withdrawn, and remained available to the applicant.

The Tribunal found that while the employer did not have an approved nomination at the time of the Department's initial decision, the Tribunal itself had subsequently set aside the refusal and approved the nomination on 17 September 2020. The Tribunal was satisfied, based on the evidence presented, that all the requirements of clause 187.233 had been met, including that the position was still available to the applicant, supported by an employment agreement, organisational chart, and recent financial documentation. Consequently, the Tribunal remitted the application for reconsideration by the Department, directing that the applicant met the relevant criteria.