Su (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 dispute arose after the sponsoring employer's position nomination was refused, but this refusal was subsequently set aside on review by the Tribunal. The applicant was the subject of an approved position.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Regulations. This clause, as applicable, stipulated that the position must be the subject of an approved nomination in regional Australia, and where the nomination was made on or after 1 July 2017, it must identify the applicant. Further requirements included that the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), the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 reasoned that the evidence indicated the nominated position of Massage Therapist met the requirements of sub-paragraph 5.19(4)(h)(ii). It found that the employer was the nominator, the nomination had been approved and not withdrawn, and the position remained available to the applicant. Consequently, the Tribunal concluded that clause 187.233 was satisfied.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant met clause 187.233.