Taheri (Migration)

This matter concerned an application for review of a decision by the Department of Immigration to refuse a nomination for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant's prospective employer, Ainsbury Holdings Pty Ltd, had lodged the nomination application, which was initially refused by the Department. Ainsbury Holdings Pty Ltd then sought review of this decision by the Tribunal. The Tribunal, constituted by Member Antonio Dronjic, considered the matter on the papers without a hearing.

The primary legal issue before the Tribunal was whether the nomination for the position of Mechanical Engineering Draftsperson met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. Specifically, the Tribunal had to determine if the nomination had been approved, as required by subclause 187.233(3). The Tribunal also considered the implications of the nomination being made on or after 1 July 2017, which requires the applicant to be identified in relation to the position.

The Tribunal reasoned that, following its own review of the Department's refusal, it had set aside the primary decision and substituted it with a decision approving the nomination on 10 April 2019. Therefore, the Tribunal was satisfied that the nomination had been approved. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 187.233(3) of Schedule 2.