UMER (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 applicant's employer, Nulsen Haven Association (Incorporated), had its nomination of the applicant refused by the delegate. The employer subsequently sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations, specifically concerning the nomination of the position. This clause requires, among other things, that the nominated position be located in regional Australia, that the employer making the nomination is the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was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 while the nomination was not approved at the time of the delegate's initial decision, the Tribunal had subsequently set aside that refusal and approved the nomination. The Tribunal was satisfied, based on the evidence presented, that Nulsen Haven Association (Incorporated) continued to employ the applicant, the nomination was now approved and unwithdrawn, no adverse information precluded its approval, the position remained available, and the visa application was lodged within the requisite timeframe after the nomination's approval.

Consequently, the Tribunal determined that clause 187.233 was met. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfied this specific criterion for the subclass 187 visa.