Sonia (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 (Regional Sponsored Migration Scheme) visa under the direct entry stream. The applicant sought review of a decision concerning the approval of a nominated position for a Restaurant Manager. The case was heard by Wan Shum.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the relevant regulations, particularly concerning the approval of the nomination itself. The applicant had declared that the position was nominated and provided details of a related nomination. The Tribunal was required to determine if the nomination had been approved and if this approval satisfied the criteria for the visa.

The Tribunal found that the applicant had met the requirements of clause 187.233(1) by providing details of a nominated position for which a declaration was made in the visa application. Crucially, on 5 January 2023, the Tribunal decided to approve the nomination made by the nominator. This approval satisfied clause 187.233(3), which had been a point of dispute. The visa application was made within six months of the nomination's approval, and the Tribunal directed that the remaining criteria under clause 187.233 should be assessed upon remittal.

Consequently, the Tribunal remitted the application for a Regional Employer Nomination (Permanent) (Class RN) visa for reconsideration by the Minister, with the direction that the applicant met the criteria under clause 187.233(3) of Schedule 2 to the Regulations.