Ng (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision to refuse the visa. The Tribunal, constituted by Mr S Norman, considered the applicant's eligibility for the visa, particularly in relation to the nominated position.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically subclause (3) which mandates that the Minister has approved the nomination. The delegate had refused the visa on the basis that the associated nomination application had been refused, meaning this criterion was not met. The applicant argued that a review of the nomination refusal was pending before the Administrative Appeals Tribunal (AAT) and requested a stay of the visa decision.

The Tribunal noted that the delegate's decision was made when the nomination was refused. However, subsequent to the delegate's decision, the AAT, by decision dated 18 November 2020, approved the nomination application lodged by the sponsoring employer, MULWALA GOLDEN INN RESTAURANT PTY. LTD. The Tribunal accepted that, in light of the AAT's decision, the applicant now met the criterion in clause 187.233(3). Consequently, the Tribunal determined that the appropriate course was to remit the visa application for reconsideration by the Minister, with a direction that the applicant meets this specific criterion.