Nguyen (Migration)

This matter concerned applications for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream, made by multiple applicants in relation to a nomination by CT Vineyards Pty Ltd. The primary dispute revolved around whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. The Administrative Appeals Tribunal (AAT) considered the combined reviews of several nomination and visa applications relating to the same employer.

The legal issue before the Tribunal was whether the relevant nomination had been approved as required by clause 187.233. This clause outlines several criteria, including that the nominated position must be in regional Australia, identified in an approved nomination application, and that the applicant must be identified in relation to the position if the nomination was made on or after 1 July 2017. Further requirements include that the nominator must be the prospective employer, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration or such information must be reasonably disregarded, the position must remain available, and the visa application must be made within six months of the nomination approval.

The Tribunal reasoned that the employer's nomination, which had been refused by the Department, was subsequently set aside by the Tribunal on 25 June 2023, and a decision substituting an approval of the nomination was made. As the nomination was now approved and the first named applicant met the requirements of clause 187.233(2), the Tribunal found that the first named applicant satisfied this specific criterion. Consequently, the Tribunal determined that the appropriate course was to remit the visa application for the first named applicant to the Minister for reconsideration of the remaining visa criteria. Additionally, the applications of the second, third, and fourth named visa applicants were also remitted for full reconsideration.