SETIA (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 relating to the refusal of their associated nomination. The review was conducted by a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.223 of Schedule 2 to the relevant regulations. This clause, as applicable, required that the nominated position be located in regional Australia, be the subject of an approved nomination that identified the applicant, and that the employer be the nominator. Further, it stipulated that the nomination must not have been withdrawn, there must be no adverse information known to the Department about the nominator or associated persons (or such information must be reasonable to disregard), the position must remain available, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the nominated position of Retail Manager (ANZSCO 142111) was located in Denman, New South Wales, which qualified as regional Australia. It was satisfied that the nomination had been approved by Sur Holdings Pty Ltd, had not been withdrawn, and that the position remained available. Crucially, the Tribunal determined that the visa application had been made prior to the approval of the nomination, which meant that the requirement for the application to be made no more than six months after nomination approval was not met. However, the Tribunal also noted that the nomination was approved on 2 June 2020, and the visa application was made prior to this approval. The Tribunal concluded that clause 187.223 had been met.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The direction was that the applicant met the criteria under clause 187.223 of Schedule 2 to the Regulations, with the Minister to consider the remaining criteria for the visa.