Tandel (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager. The primary dispute before the Tribunal was whether the nomination for the position had been approved, a crucial criterion for the visa.

The Tribunal was required to determine if the nomination met the requirements of clause 187.233 of Schedule 2 to the Regulations. Specifically, this involved assessing whether the nominated position was the one subject to the visa application, whether the employer was the nominator, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the nominated position was indeed the same as that subject to the visa application and the relevant nomination application. It also found that the employer was the nominator and that the Tribunal's prior decision approving the appointment under subregulation 5.19(4) satisfied the requirement for ministerial approval of the nomination. Consequently, the Tribunal concluded that the visa applicant met the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the requirements of clause 187.233.