Thai (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry nomination stream. The applicant sought to have the refusal of her nomination application set aside. The Tribunal was required to determine whether the applicant had an approved nomination for a position with her employer that had not ceased.

The central legal issue was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, which pertains to the approval of a nominated position. This clause, as applicable, required the position to be located in regional Australia, identified in the nomination application, approved by the Minister, and not subsequently withdrawn. It also stipulated that the nominator must be the prospective employer, that there should be no adverse information known to Immigration concerning the nominator or associated persons, that the position must remain available to the applicant, and that the visa application must be made within six months of the nomination's approval.

The Tribunal found that while the employer did not have an approved nomination at the time of the Department's initial decision, the employer subsequently lodged a review application. On 3 October 2022, the Tribunal set aside the Department's refusal and substituted a decision approving the nomination for the position of Agricultural Technician. Based on this, the Tribunal was satisfied that all the criteria under clause 187.233 were met, including the position being subject to an approved nomination, its continued availability, and the timely lodgement of the visa application.

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.