Sharma (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under Subclass 187 (Regional Sponsored Migration Scheme) in the Direct Entry stream, for the occupation of Retail Manager (General). The applicant, Mr. Sharma, sought review of a decision that had refused his visa application. The Tribunal, constituted by Member Karen McNamara, was tasked with determining whether the applicant met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the nominated position met the criteria outlined in clause 187.233(3). This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval. The Tribunal specifically considered the nomination made by Air Voice Group Pty Ltd, which had initially been refused by the Department but was subsequently approved by the Tribunal on review.

The Tribunal reasoned that the applicant satisfied clause 187.233(3) because the nomination for the Retail Manager (General) position had been approved by the Tribunal on 3 July 2023. Having found that this specific criterion was met, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration of the remaining eligibility requirements for the Subclass 187 visa.