Rana (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The applicant sought review of a decision concerning the approval of a nominated position. The Tribunal was required to determine whether the position to which the visa application related was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations 1994.

The Tribunal considered the requirements of clause 187.233, which stipulated that the nominated position must be located in regional Australia, be the subject of an approved nomination, and, for nominations made after 1 July 2017, identify the applicant in relation to the position. Additional criteria included that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal noted that the nomination lodged by Turan Tech Pty Ltd was initially refused on 20 March 2018. However, on review, the Tribunal set aside this refusal on 17 February 2021 and substituted a decision approving the nomination. Consequently, the Tribunal found that the nomination had been approved and therefore clause 187.233 was met. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.