Pironi Yaghdjian (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream, for the first-named applicant, Pironi Yaghdjian. The dispute arose from the refusal by the Department of Home Affairs to approve the nomination of Mr. Yaghdjian for the position of Corporate Services Manager by his employer, LYNP Projects & Constructions Pty Ltd. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the position of Corporate Services Manager had been approved, as required by clause 187.233(3) of Schedule 2 to the Migration Regulations. This clause mandates that the position must be the subject of an approved nomination. The Tribunal was also required to consider the implications of this determination for the secondary applicant, who applied as a member of the first-named applicant's family unit.

The Tribunal reasoned that the Department's initial refusal to approve the nomination on 24 October 2016 had been set aside by the Tribunal on 14 January 2019, and a decision to approve the nomination had been substituted. Consequently, the Tribunal concluded that clause 187.233(3) was now met. The Tribunal restricted its consideration to this specific issue, as per its President's Direction, and found that the first-named applicant met this criterion. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria, directing that the first-named applicant met the nomination approval criterion.