Stopa (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination for the position of Program or Project Administrator with their employer, which had not ceased to be valid. This required the Tribunal to consider various criteria under clause 187.233 of the Migration Regulations 1994, including the location of the position, the applicant's identification in the nomination, the employer's identity, the approval and non-withdrawal of the nomination, the absence of adverse information, the continued availability of the position, and the timing of the visa application relative to the nomination approval.

The Tribunal found that while the employer did not have an approved nomination at the time of the Department's initial decision, the Tribunal itself had subsequently set aside the Department's refusal of the nomination application and substituted a decision approving the nomination. Based on the evidence presented, including the approved nomination, employment agreements, organisational charts, and financial statements, the Tribunal was satisfied that all relevant criteria under clause 187.233 had been met. The Tribunal therefore remitted the application for reconsideration by the Department, with a direction that the applicant met the specified criteria.