NOMBRE (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Program or Project Administrator. The applicant sought review of a decision to refuse the visa. The Tribunal, constituted by Peter Emmerton, was required to determine whether the nomination for the position had been approved and if the applicant met the relevant criteria.

The central legal issue before the Tribunal was whether the nomination for the position of Program or Project Administrator met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several conditions, including that the position must be the subject of an approved nomination, that the employer must be the nominator, that the nomination must not have been withdrawn, that there must be no adverse information known to Immigration, that the position must still be available, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal reasoned that it had previously set aside the Department's decision and substituted a decision approving the appointment for the position of Program or Project Administrator. Based on the evidence presented, the Tribunal was satisfied that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration. Furthermore, the Tribunal found that the applicant had been identified in relation to the position at the time of the nomination application, satisfying subclause 187.233(1). The Tribunal also found that the employer was the nominator, satisfying subclause 187.233(2), and that the visa applicant now met the requirements of subclause 187.233(3) in light of the Tribunal's prior approval of the appointment.

Consequently, the Tribunal found that the visa applicant satisfied the requirements of clause 187.233. The Tribunal therefore remitted the visa application to the Minister for reconsideration, with the direction that the applicant meets the criteria specified in clause 187.233.