Peiris (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Accountant (General). The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the nomination for the position had been approved, as this was a crucial criterion for the visa.

The Tribunal considered clause 187.233 of the Migration Regulations, which outlines the requirements for a nomination. These include that the position must be nominated in an application for approval, that the employer must be the nominator, that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration or that such information is reasonable to disregard, that the position must still be available, and that the visa application must be made within six months of the nomination approval. The Tribunal noted that the nomination was made on or after 1 July 2017, requiring the nomination to identify the applicant in relation to the position.

The Tribunal found that the approved position was the same as that subject to the nomination application and identified the applicant. It was also satisfied that the employer was the nominator and that the nomination had been approved by the Tribunal itself on review, thereby meeting the requirements of clause 187.233. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the requirements of clause 187.233.