Wei (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 Retail Manager (General). The applicant was nominated by Global Health Pty Ltd. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines various criteria relating to the nominated position, the nominator, and the timing of the visa application relative to the nomination approval. Specifically, the Tribunal had to determine if the nominated position was correctly identified, if the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the applicant met all the requirements of clause 187.233. It was satisfied that the nominated position was the same as that in the nomination application, the employer was the nominator, and the nomination, initially refused by the Department, had been approved by the Tribunal on 27 June 2019. The Tribunal also found that the nomination had not been withdrawn, the position remained available, and the visa application was made within the prescribed six-month period. Furthermore, there was no adverse information known to Immigration regarding the nominator or associated persons.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 187.233. The applications of any secondary applicants would be determined by reference to the outcome of the primary applicant's application upon remittal.