Truong (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Retail Manager. The applicant sought review of a decision concerning their eligibility for the visa.

The Tribunal was required to determine whether the applicant met several criteria for the visa, including licensing or registration requirements for the nominated occupation, whether the nominated position would provide employment to the applicant, whether the applicant had engaged in conduct contravening specific sections of the Migration Act relating to sponsorship-related events, and whether the applicant met the age and English language proficiency requirements at the time of application. The Tribunal also considered criteria relating to the nominated position itself, including its availability and the approval of the nomination.

The Tribunal found that clause 187.211 was not applicable as there was no evidence that the Retail Manager occupation required licensing or registration in the Northern Territory. It was satisfied that clause 187.212 was met, as the nominated position would provide employment to the applicant, and clause 187.212A was met due to a lack of evidence of contravening conduct. The applicant met the age requirement under clause 187.231, having not turned 50 at the time of application, and demonstrated competent English under clause 187.232 through their IELTS scores. The Tribunal also noted that the nominated position was still available and the nomination had been approved.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the applicant met the specified criteria. The Tribunal also recommended that the application of the second named applicant be reconsidered in light of these findings.