Tan (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager (General). The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the nomination for the position had been approved, as this was a key criterion for the visa.

The Tribunal considered clause 187.233 of the Migration Regulations, which outlines the requirements for a nominated position. These include that the position must be located in regional Australia, be the subject of an approved nomination, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. Further requirements include that the employer must be the nominator, the nomination must not have been withdrawn, there must be no adverse information known to Immigration, the position must still be available, and the visa application must have been made within six months of the nomination approval.

The Tribunal found that the approved position was the same as that which was the subject of the relevant nomination application and identified the applicant. It also found that the employer was the nominator and that the visa applicant now met the requirements of clause 187.233(3) in light of the Tribunal’s prior approval of the appointment under subregulation 5.19(4). Consequently, the Tribunal determined that the visa applicant satisfied the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant meets the criteria specified in clause 187.233 of Schedule 2 to the Regulations.