Paille (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 the position of Retail Buyer. The applicant's employer, Gold Buyers Central Pty Ltd, had its nomination refused by the Department of Immigration, which led to the refusal of the applicant's visa application. Gold Buyers Central Pty Ltd sought review of the nomination refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of the Migration Regulations. This clause, as applicable, required that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons (or that such information be disregarded), that the position remain available to the applicant, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the requirements of clause 187.233 were met. It noted that the Tribunal had previously set aside the Department's refusal and substituted a decision approving the nomination. The Tribunal was satisfied that the nominator was the prospective employer, the nomination had been approved and not withdrawn, there was no adverse information known to Immigration, the position remained available, and the visa application was made concurrently with the nomination.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 187.233.