Verma (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 (General). The applicant sought review of a decision that had refused their visa application. The Tribunal, presided over by Member Peter Emmerton, was tasked with reconsidering the applicant's claims and the evidence presented.

The primary legal issue before the Tribunal was whether the nomination for the position had been approved, as required by clause 187.233 of the Migration Regulations. This clause outlines several conditions, including that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the visa application must be made within six months of the nomination's approval. The Tribunal also had to consider whether the employer was the nominator and if there was any adverse information known to Immigration concerning the nominator or associated persons.

The Tribunal reasoned that it had previously set aside the Department's decision and substituted a decision approving the appointment for the position of Retail Manager (General) on 16 July 2019. Based on the evidence before it, the Tribunal was satisfied that this approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration, thus meeting criterion 187.233(1). Furthermore, the Tribunal found that the employer was indeed the nominator, satisfying criterion 187.233(2). Crucially, in light of its prior approval of the appointment, the Tribunal concluded that the visa applicant now met the requirements of clause 187.233(3), which pertains to the Minister's approval of the nomination.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations.