PHAN (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Temporary Residence Transition stream, for a position as an Accountant (General). The applicant was identified as the holder of a Subclass 457 (Temporary Work (Skilled)) visa. The decision was made by Stavros Georgiadis, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the visa, particularly focusing on clause 187.223 of Schedule 2 to the Regulations. This clause outlines requirements for the nominated position, including that it must have been approved under regulation 5.19(3), the applicant must have been identified as the relevant Subclass 457 visa holder, and the position must be the one declared in the visa application. Further requirements included the nomination not being withdrawn, no adverse information about the nominator or associated persons, the position being located in regional Australia, the position remaining available to the applicant, and the visa application being lodged within six months of the nomination approval.

The Tribunal found that the applicant met clause 187.223(1) as the nominated position of Accountant (General) was the same as that declared in the visa application. It was also satisfied that clause 187.223(2) was met, as a previous decision had approved the nomination. The Tribunal accepted oral evidence that the nomination had not been withdrawn and the position remained available, thus satisfying clauses 187.223(3) and 187.223(5). Furthermore, the Tribunal was satisfied that the nominator, 4 Ways Pty Ltd, was located in regional Australia and that no adverse information was known to Immigration concerning the nominator or associated persons, fulfilling clause 187.223(4) and the adverse information requirement.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant met the criteria under clause 187.223.