Truong (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The primary issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. The applicant's nominating employer, Johnsons Truck and Coach Service Pty Ltd, had initially applied for approval of a nomination for the position of Marketing Specialist in respect of the applicant. The Department refused this nomination, but on review by the Tribunal, that decision was set aside and the nomination was approved.

The Tribunal was required to determine if the requirements of clause 187.233 were satisfied, specifically concerning the approved nomination for the position. This clause mandates that the position be the subject of an approved nomination application, located in regional Australia, and identified in relation to the applicant. Further, it requires that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the employer's nomination for the Marketing Specialist position had been approved by the Tribunal on 8 June 2021, thereby satisfying clause 187.233(3). Given this finding, the Tribunal concluded that the appropriate course was to remit the visa application for reconsideration by the Minister. This reconsideration is to address the remaining criteria for the primary applicant's visa, as well as the application of the second visa applicant, who is a member of the primary applicant's family unit.