Masih (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse the approval of a nomination for a position in Australia under regulation 5.19 of the Migration Regulations 1994. The applicant for the review was Zachiz Pty Ltd ATF The Tom Stojanovski Family Trust. The Tribunal was required to determine whether the delegate’s decision to reject the nomination was correct.

The Tribunal considered the claims and evidence before it and concluded that the delegate’s decision should be set aside. The Tribunal found that the applicant for the visa was now the subject of an approved nomination, having met the criteria under cl.187.233(3) of Schedule 2 to the Migration Regulations.

Consequently, the Tribunal remitted the application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), for reconsideration by the Minister. The remittal was made with a direction that the applicant meets the criteria specified in cl.187.233(3) of the Regulations, allowing the Minister to consider the remaining criteria for the visa.