Matharu (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 Store Manager. The applicant's case was before the Tribunal for review of a decision concerning an approved nomination.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nominated position be located in regional Australia, be the subject of an approved nomination, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. Further requirements include that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the nomination application was initially refused but subsequently reviewed and approved by the Tribunal on 3 January 2023, thereby satisfying clause 187.233(3). Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet criterion cl 187.233(3).