Pindoria (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The core dispute revolved around whether the applicant's nomination for a position had been approved. The decision was made by the Tribunal.

The Tribunal was required to determine whether the nomination for the position of Accountant (General) had been approved, as this was a prerequisite for the visa application. Specifically, the Tribunal had to assess whether the applicant met the requirements of clause 187.233 of Schedule 2 to the relevant regulations, which outlines the criteria for a nominated position in regional Australia.

The Tribunal reasoned that it had previously set aside the Department's decision to refuse the visa and substituted a decision approving the appointment for the nominated position. Based on the evidence presented, the Tribunal was satisfied that the approved position was the same as that nominated and declared in the visa application. It also found that the employer was the nominator and that the nomination had been approved. Consequently, the Tribunal concluded that the visa applicant met the requirements of clause 187.233.

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