Nguyen (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Finance Officer. The applicant was nominated by STD Pty Ltd. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position met the criteria set out in clause 187.233. This clause requires, among other things, that the position be the subject of an approved nomination in regional Australia, that the nominator is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to the Department of Immigration about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominated position was the same as that in the original nomination application and that the employer was the nominator. Crucially, the Tribunal noted that a previous refusal of the nomination had been set aside by the Tribunal, and the nomination had been approved on 30 August 2022. The Tribunal was satisfied that there was no adverse information, the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Consequently, the Tribunal concluded that the applicant met all the requirements of clause 187.233.

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