Ravi (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The core dispute arose from the Department's initial refusal to approve the employer's nomination for a Retail Manager position. The applicant sought review of this refusal before the Tribunal.

The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position for the Direct Entry stream. This involved assessing several sub-criteria, including whether the nominated position was properly applied for, whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and whether the visa application was lodged within six months of the nomination's approval.

The Tribunal's reasoning focused on the evidence presented. It found that the nominator, Empire Bay Service Station Pty Ltd, had applied for approval of the nominated position. Crucially, the Tribunal noted that its own prior decision had set aside the Department's refusal and substituted a decision approving the nomination. The Tribunal was satisfied, based on the evidence before it and the related nomination file, that the nominator was the prospective employer, the nomination was approved and unwithdrawn, there was no adverse information known to Immigration, the position remained available, and the visa application was lodged within the prescribed timeframe.

Consequently, the Tribunal concluded that the applicant met all the requirements of clause 187.233. The Tribunal therefore remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied this specific criterion.