Ramones (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for an Enrolled Nurse. 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 key criterion for the visa.

The central legal issue before the Tribunal was the interpretation and application of clause 187.233 of Schedule 2 to the Migration Regulations, which sets out the requirements for a nominated position in the Direct Entry stream. Specifically, the Tribunal had to ascertain whether the position was the subject of an approved nomination, whether the employer was the nominator, and whether other conditions related to the nomination's approval and the applicant's eligibility were met.

The Tribunal reasoned that it had previously made findings in a related nomination application that satisfied the requirements of clause 187.233. It found that the approved position was the same as that nominated and declared in the visa application, that the employer was the nominator, and that the visa applicant now met the requirements of clause 187.233(3) in light of the Tribunal's prior approval of the appointment. Consequently, the Tribunal found that the visa applicant satisfied the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant meets the criteria specified in clause 187.233.