Sharma (Migration)

The Administrative Appeals Tribunal considered a Regional Employer Nomination (Permanent) (Class RN) visa application under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry Stream. The applicant sought review of a decision that refused their nomination for the position of Retail Manager (General) ANZSCO 142111.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position had been approved, as required by clause 187.233 of the relevant regulations. This involved determining if the nominated position was the same as that declared in the visa application, if the employer was the nominator, and if the nomination had been approved and not withdrawn. The Tribunal also considered whether the position remained available to the applicant.

The Tribunal found that the nominated position was indeed the same as that declared in the visa application and that the employer was the nominator. Crucially, the Tribunal substituted its own decision for that of the Department, approving the appointment for the position of Retail Manager (General). Based on this approval, the Tribunal concluded that the applicant met the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied clause 187.233.