Wang (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Business Analyst Management Consultant. The applicant, Ms. Wang, sought review of a decision concerning her visa application. The Tribunal, presided over by Jane Bell, was required to determine whether the applicant had an approved nomination for the position with her employer that had not ceased.

The primary legal issue before the Tribunal was the interpretation and application of clause 187.233 of the Migration Regulations 1994, which sets out the requirements for an approved nomination in the Direct Entry stream for a regional sponsored migration scheme visa. Specifically, the Tribunal had to ascertain whether the nominated position was located in regional Australia, whether the applicant was identified in relation to the position, whether the nominator was the prospective employer, and whether the nomination had been approved and remained valid. Further considerations included the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and the timeliness of the visa application relative to the nomination approval.

The Tribunal found that while the applicant’s employer did not have an approved nomination at the time of the Department’s initial decision, the employer had subsequently lodged a review application. On 15 July 2022, the Tribunal set aside the Department’s refusal and substituted a decision approving the nomination. Based on this, the Tribunal was satisfied that all the requirements of clause 187.233 had been met, including the position being subject to an approved nomination, the applicant being identified, the nominator being the employer, the nomination not being withdrawn, no adverse information being known, the position remaining available, and the visa application being lodged within the prescribed timeframe.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.