Munde (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for a Retail Manager (General) position. The applicant lodged their visa application on 15 March 2016, with a corresponding nomination application lodged on the same day. The Department refused the nomination application on 6 February 2017, and subsequently found that the applicant did not meet the visa criteria, including those for the Temporary Residence Transition and Agreement streams, as the nomination had not been approved. The Tribunal was asked to review this decision.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 187.233(3) of Schedule 2 to the Regulations, specifically concerning the approval of the nomination for the position. This clause requires, among other things, that the nomination has been approved by the Minister and has not been subsequently withdrawn, and that the visa application was made no more than six months after the nomination was approved. The Tribunal also considered whether the applicant met the criteria for the Temporary Residence Transition and Agreement streams, which also required an approved nomination.

The Tribunal reasoned that the Department's refusal of the nomination application meant that the applicant could not satisfy the requirement that the nomination be approved. Consequently, the applicant did not meet the criteria for the Direct Entry stream, nor for the Temporary Residence Transition or Agreement streams, as these also hinged on an approved nomination. However, the Tribunal noted that the nomination application had been approved by the Tribunal itself. Therefore, the Tribunal concluded that the matter should be remitted for reconsideration, with a direction that the applicant meets criterion cl.187.233(3).