Velmula (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager. The applicant's nomination had initially been refused by the Department. The Administrative Appeals Tribunal (AAT) was required to determine whether the nomination had been approved, a key criterion for the visa.

The Tribunal considered whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Regulations. This involved assessing whether the position was the subject of an approved nomination, whether the employer was the nominator, and whether the nomination had been approved and not withdrawn. The Tribunal also had to consider the timing of the visa application relative to the nomination approval and the presence of any adverse information.

The Tribunal found that the approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration, thus satisfying subclause 187.233(1). It also found that the employer was the nominator, satisfying subclause 187.233(2). Crucially, the Tribunal determined that, in light of its own previous decision to approve the appointment under subregulation 5.19(4), the visa applicant now met the requirements of subclause 187.233(3).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria specified in clause 187.233. The Minister was to consider the remaining criteria for the visa.