PATEL (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Sales Representative (Industrial Products). The applicant sought review of a decision that had previously been refused. The Tribunal was required to determine whether the nomination for the position had been approved, as this was a key criterion for the visa.

The Tribunal considered clause 187.233 of the Migration Regulations, which outlines the requirements for a nominated position. These include that the position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the applicant must be identified in relation to the position. The Tribunal also noted that the visa application must be made within six months of the nomination being approved, and that there should be no adverse information known to Immigration about the nominator or associated persons, or that such information should be disregarded.

The Tribunal found that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration, thus satisfying clause 187.233(1). It also found that the employer was the nominator, satisfying clause 187.233(2). Crucially, the Tribunal determined that, in light of its own previous approval of the appointment under regulation 5.19(4), the visa applicant now met the requirements of clause 187.233(3).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the requirements specified in clause 187.233 of Schedule 2 to the Regulations.