Trinh (Migration)

The Administrative Appeals Tribunal considered the case of Trinh (Migration), involving an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry Nomination stream. The dispute centred on whether the nominated position of Finance Manager at Resiak Pty Ltd met the requirements of the relevant migration regulations, specifically concerning the provision of employment to the applicant.

The primary legal issue before the Tribunal was to determine if the nominated position of Finance Manager would provide the applicant with the employment referred to in the nomination application, as required by clause 187.212 of the Migration Regulations. This involved assessing the genuineness and nature of the proposed employment, the employer's business operations, and the qualifications and commitment of the nominee.

The Tribunal considered evidence detailing Resiak Pty Ltd's operations as a trucking business and the owner's current dual role in managing both operations and financial accounting. The owner's intention to focus on business expansion necessitated the creation of a Finance Manager role to handle financial accounting, payroll, BAS preparation, supplier negotiations, and financial reporting. The Tribunal was satisfied that the nominator provided evidence of a common law contract for the nominee, underpinned by the National Employment Standards. Given the scarcity of qualified professionals in regional Victoria and the nominee's commitment to long-term employment, the Tribunal found that the nominated position would continue to be available beyond the initial two-year period.

Consequently, the Tribunal remitted the Regional Employer Nomination (Permanent) (Class RN) visa applications for reconsideration by the Minister, with a direction that the first applicant met the requirements of clauses 187.233, 187.311, and 187.312 of Schedule 2 to the Regulations.