Shen (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 Office Manager. The applicant was nominated by Westgrove Investments Pty Ltd atf The Marinovich Family Trust. The decision was made by the Tribunal, with Member Nicola Findson presiding.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of the Migration Regulations 1994, which pertains to the nomination of a position for the Direct Entry stream. 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in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa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 found that the applicant met all the requirements of cl.187.233. It noted that the nomination had been approved by the Tribunal on 25 February 2020, had not been withdrawn, and the position remained available. The Tribunal was also satisfied that the visa application was made within the prescribed timeframe and that there was no adverse information known to the Department concerning the nominator or associated persons.

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