SHARMA (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 applicants sought review of a decision by the Administrative Appeals Tribunal (AAT) concerning the approval of the nomination. The AAT, constituted by Member Karen McNamara, was required to determine whether the first applicant, Mr Arun Sharma, met the requirements of clause 187.233 of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the nominated position met the criteria outlined in clause 187.233, which requires, among other things, that the position be located in regional Australia, that the nominating employer be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal also had to consider its jurisdiction in relation to the other named applicants.

The Tribunal found that the requirements of clause 187.233 were met. It was satisfied that the nominating employer, RMAN AUSTRALIA Pty Ltd, was the prospective employer, that the nomination had been approved by the Tribunal and not withdrawn, and that there was no adverse information known to Immigration regarding the nominator or associated persons. The Tribunal also accepted the nominator's advice that the position remained available to Mr Sharma and that the visa application, made on 29 May 2017, was within the six-month timeframe after the nomination's approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first applicant meets the criteria under clause 187.233. The Tribunal noted that it did not have jurisdiction in relation to the second, third, and fourth named applicants.