Ni (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. The applicant's associated position nomination had previously been refused by a delegate of the Minister, but this decision was set aside on review by the Tribunal, which then substituted its own decision to approve the nomination. The Tribunal was required to determine whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the nominated position met the criteria set out in cl.187.233, which, among other things, requires the position to be located in regional Australia, identified in the nomination application, and for the nominator to be the prospective employer. The clause also stipulates that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), that the position must still be available to the applicant, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the applicant met all the requirements of cl.187.233. It noted that the nominator, FMG Pty Ltd, had successfully sought review of a prior refusal, resulting in the Tribunal approving the nomination on 17 May 2022. Based on the evidence, the Tribunal was satisfied that the nominator was the prospective employer, the nomination was approved and not withdrawn, there was no adverse information or it was reasonable to disregard it, the position remained available, and the visa application was lodged within the six-month timeframe.

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