Nguyen (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for an Accountant (General). The applicant sought review of a decision concerning an approved nomination. The Tribunal, constituted by C. Packer, was required to determine whether the applicant met the criteria for the visa, specifically in relation to the nominated position.

The primary legal issue before the Tribunal was whether clause 187.233 of Schedule 2 to the Regulations was satisfied. This clause requires that the position to which the visa application relates be the subject of an approved nomination in regional Australia, and that the applicant be identified in relation to that position where the nomination was made on or after 1 July 2017. The Tribunal also considered the requirements of subregulation 5.19(4) and related provisions concerning the nomination approval.

The Tribunal found that a previous decision in Tribunal case 1913374, made on 4 August 2022, had already determined that the nominator, Mammone Steven Sebastian and Angela and Ross Sebastiano Partnership, met the requirements of r.5.19 for approval of the nomination. That decision had set aside a delegate's refusal and substituted an approval of the nomination. Consequently, the Tribunal concluded that clause 187.233(3) of the Regulations was met.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration. The remittal was made with a direction that the applicant meets criterion cl.187.233(3) of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the Subclass 187 visa.