Meredith (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, direct entry stream. The applicant sought review of a decision to refuse their visa application. The Tribunal was required to determine whether the nomination for the position had been approved, as this was a key criterion for the visa.

The Tribunal considered clause 187.233 of the Migration Regulations, which outlines the requirements for a nominated position in the Direct Entry stream. These requirements include that the position must be located in regional Australia, be the subject of an approved nomination application, and identify the applicant in relation to the position. Further criteria relate to the employer being the nominator, the nomination having been approved and not withdrawn, the absence of adverse information, the continued availability of the position, and the visa application being lodged within six months of the nomination approval.

The Tribunal found that the applicant met the requirements of clause 187.233. It was satisfied that the approved position was the same as that nominated and declared in the visa application, and that the employer was the nominator. Crucially, the Tribunal had previously set aside a departmental decision and substituted a decision approving the appointment for the position of Café or Restaurant Manager. Based on this prior finding, the Tribunal concluded that the visa applicant now satisfied the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations.