Pal (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Retail Manager (General). The applicant relied on an approved nomination for the position. The Administrative Appeals Tribunal (AAT) was required to determine whether the nomination had been approved and if the applicant met the relevant criteria.

The primary legal issue before the Tribunal was whether the nomination for the position of Retail Manager (General) had been approved, as required by clause 187.233 of the Migration Regulations. This clause outlines several requirements, including that the nominated position must be located in regional Australia, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, and there must be no adverse information known to Immigration, or such information must be disregarded. Additionally, the position must remain available to the applicant, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the nominated position was the same as that subject to the visa application declaration and that the nominator was the prospective employer. Crucially, the Tribunal determined that it had previously approved the appointment for the position of Retail Manager (General) under regulation 5.19(4). Based on this prior approval, the Tribunal concluded that the applicant met the requirements of clause 187.233. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria.