Movva (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The core dispute revolved around the approval of the employer's nomination for the position. The Tribunal was required to determine whether the nomination met the relevant legislative requirements, particularly clause 187.233 of Schedule 2 to the Regulations.

The legal issue before the Tribunal was whether the nomination for the position, made by NUV Inglewood Pty Ltd, satisfied the criteria for approval under the Direct Entry stream of the Subclass 187 visa. This involved assessing whether the nominated position was located in regional Australia and whether it was the subject of an approved nomination as required by clause 187.233(3).

The Tribunal found that in a previous proceeding (Tribunal case 1803276), it had determined that NUV Inglewood Pty Ltd met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the delegate's earlier decision to refuse the nomination and substituted a decision approving it. This finding meant that clause 187.233(3) was satisfied. Given this determination, the Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.