TAN (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Customer Service Manager. The applicant, Mr. Tam Thai, acting on behalf of The Trustee for the Thai Family Trust, sought to nominate an employee for this position. The Administrative Appeals Tribunal (AAT) was required to determine whether the nomination met the relevant criteria under clause 187.233 of Schedule 2 to the Migration Regulations.

The primary legal issue before the Tribunal was whether the nomination for the Customer Service Manager position satisfied all the requirements of clause 187.233. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination application, and identify the applicant in relation to the position if the nomination was made on or after 1 July 2017. Further requirements include that the employer must be the nominator, the nomination must be approved and not withdrawn, there must be no adverse information known to the Department or such information must be disregarded, the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the position of Customer Service Manager was indeed related to a nomination application in the Direct Entry stream and was located in regional Australia, specifically Perth. It was satisfied that the nominator, Mr. Tam Thai, was the employer and that the nominated position was the same as that declared in the visa application. Crucially, the Tribunal reviewed a departmental decision to refuse the nomination and set it aside, substituting it with a decision to approve the nomination. The Tribunal was also satisfied that the position remained open, the nomination had not been withdrawn, and that the visa application was made within the six-month timeframe after the nomination was approved. There was no adverse information presented to the Tribunal.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.