Shi (Migration)

This matter concerned an application for a Subclass 187 Regional Sponsored Migration Scheme visa (Direct Entry stream) by the applicant, who was nominated by Global Health Pty Ltd for the position of Retail Manager (General). The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the relevant regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which outlines specific criteria for the nomination of a position in the Direct Entry stream of the Regional Employer Nomination (Permanent) (Class RN) visa. These criteria include that the nominated position must be located in regional Australia, the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the applicant met all the requirements of clause 187.233. It noted that the nomination by Global Health Pty Ltd for the Retail Manager position was the same as that in the relevant declaration, and the employer was indeed the nominator. Crucially, while the Department had initially refused the nomination, the Tribunal had previously set aside that refusal and substituted a decision approving the nomination on 1 July 2019. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the six-month timeframe. Furthermore, no adverse information concerning the nominator or associated persons was presented.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first applicant meets the criteria under clause 187.233. The secondary applicants' applications would be determined by reference to the outcome of the first applicant's application upon remittal.