Qureshi (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Marketing Specialist. The applicant's sponsor had lodged a nomination which was initially refused by a delegate of the Minister. The applicant was advised of this refusal but did not respond. Subsequently, the Administrative Appeals Tribunal reviewed the decision to refuse the nomination and set it aside, substituting a decision to approve the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233(3) of Schedule 2 to the Regulations, which mandates that the nomination for the position must have been approved. Clause 187.233, as applicable, required that the nominated position be located in regional Australia, that the nomination identify the applicant (for nominations made on or after 1 July 2017), that the nominator be the prospective employer, and crucially, that the nomination had been approved.

The Tribunal reasoned that following its decision to approve the nomination, the applicant now satisfied the criterion under cl.187.233(3). The Tribunal noted that the initial refusal of the nomination had prevented the applicant from meeting this requirement, but its subsequent decision to approve the nomination rectified this deficiency. Therefore, the Tribunal was satisfied that this specific criterion was met.

Given that the Tribunal had determined that the applicant met the nomination approval criterion, the appropriate course of action was to remit the visa applications to the Minister for reconsideration. This reconsideration would involve assessing the applicant against the remaining criteria for the Subclass 187 visa.