Sin (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 applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions relating to the nominated position, the nominator, and the timing of the visa application relative to the nomination approval. Specifically, the Tribunal had to determine if the nominated position was located in regional Australia, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the nominated position of Retail Manager (General) with JZ CO PTY LTD was located in regional Australia and that the nominator was the prospective employer. It was also established that the nomination was approved on 15 March 2021, had not been withdrawn, and the position remained available to the applicant. The Tribunal was satisfied that the visa application was made within the six-month timeframe following the nomination approval and that no adverse information was known to Immigration regarding the nominator or associated persons.

Given these findings, the Tribunal concluded that the applicant met the criteria under cl.187.233 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the specified criteria.