Vegunta (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision to refuse their visa application. The primary issue before the Tribunal was whether the nomination for the position had been approved, as required by clause 187.233 of the relevant regulations.

The Tribunal was required to determine if the nominated position met the criteria outlined in clause 187.233, specifically that the position was the subject of an approved nomination, that the employer was the nominator, that the nomination had not been withdrawn, and that there was no adverse information known to Immigration, or that such information was reasonable to disregard. The Tribunal also needed to consider if the position remained available and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the position nominated was the same as that declared in the visa application and that the employer was the nominator. Crucially, the Tribunal relied on its previous decision to set aside the Department's refusal and substitute a decision approving the appointment for the position of Retail Manager (General). Based on this prior approval, the Tribunal concluded that the requirements of clause 187.233 were met. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.