Thasleem (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The primary dispute before the Tribunal was whether the nomination for the position of Retail Manager had been approved, a crucial criterion for the visa. The applicants relied on evidence previously submitted to the department and the Tribunal, along with written submissions.

The Tribunal was required to determine if the nomination met the requirements of clause 187.223 of the relevant regulations. This involved assessing whether the nominated position was the subject of an approved nomination, whether the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was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's approval.

The Tribunal found that the approved position was indeed the same as that nominated and declared in the visa application, satisfying clause 187.223(1). It also found that the employer was the nominator, the nomination had been approved and not withdrawn, and the position remained available, thus meeting clauses 187.223(2), (3), (4), and (5). Crucially, the Tribunal determined that the visa application, lodged on 9 September 2016, was made within six months of the nomination's approval on 15 April 2019, satisfying clause 187.223(6).

Consequently, the Tribunal concluded that the visa applicant met the requirements of clause 187.223. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the first applicant satisfied clause 187.223.