Reema (Migration)

This matter concerned a review by the Tribunal of a decision concerning a Subclass 187 Regional Employer Nomination (Permanent) visa application under the Direct Entry stream for the position of Café or Restaurant Manager. The applicant relied on evidence previously provided to the department and the Tribunal, along with written submissions.

The primary legal issue before the Tribunal was whether the nomination for the position had been approved, as required by clause 187.233 of the Regulations. This involved determining if the nominated position was the same as that subject to the relevant nomination application, if the applicant was identified in relation to the position, and if the nomination was made in relation to a Direct Entry stream visa and sought to meet specific subregulation requirements. The Tribunal also had to consider whether the position remained available to the applicant.

The Tribunal reasoned that for a Direct Entry stream applicant, the nominated position must be one that was the subject of an approved nomination application. It found that the sponsoring employer lodged a nomination on 13 November 2019, which was subsequently refused by the department on 24 December 2019. However, on 20 September 2023, the Tribunal set aside the department's decision and substituted a decision approving the nomination for the Café or Restaurant Manager position. The Tribunal was satisfied, based on the evidence, that this approved position was the same as that which was the subject of the relevant nomination application and that the applicant was identified in relation to it. Consequently, the Tribunal concluded that clause 187.233(1) was met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the requirements of clause 187.233 for a Subclass 187 visa.