Montazaribarforoushi (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream, by Ms. Montazaribarforoushi. The core dispute revolved around whether the nominated position of Retail Manager with Delka Universal Pty Ltd met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. The Administrative Appeals Tribunal, constituted by George Hallwood, was tasked with determining if an approved nomination existed in relation to the visa application.

The Tribunal was required to assess whether the nominated position was the subject of an approved nomination application, specifically in the Direct Entry stream and located in regional Australia. Further, it needed to ascertain if the nomination identified the applicant in relation to the position, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, and if there was no adverse information known to Immigration concerning the nominator or associated persons, or if such information was reasonable to disregard. The Tribunal also had to consider if the position remained available to the applicant and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominated position of Retail Manager with Delka Universal Pty Ltd in South Australia met all the specified criteria under clause 187.233. It was satisfied that the nomination identified the applicant, that Delka Universal Pty Ltd would employ Ms. Montazaribarforoushi, that the nomination was approved on 6 December 2022 and had not been withdrawn, and that no adverse information was known or was reasonable to disregard. The Tribunal also confirmed the position remained available and that the visa application was made before the nomination was approved, thus satisfying the temporal requirement.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria under clause 187.233 of Schedule 2 to the Regulations.