Saqib (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Retail Manager (General). The applicant was nominated by 8 Slice Pty Ltd. The decision was made by Michelle East of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations, which pertains to the nomination of a position. This clause requires, among other things, that the nominated position be located in regional Australia, that the employer be the nominator, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant met all the requirements of clause 187.233. It noted that the nomination had been approved by the Tribunal on review after an initial refusal by the Department, had not been withdrawn, and the position remained available. The Tribunal was also satisfied that the visa application was lodged within the prescribed timeframe and that no relevant adverse information was known to Immigration concerning the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the first named applicant meets clause 187.233. The applications of secondary applicants, who applied as members of the first applicant's family unit, were to be determined by reference to the outcome of the primary applicant's application upon remittal.