Wenwei (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 concerning the approval of a nomination for the visa. The core dispute revolved around whether the nominated position met the requirements of the relevant regulations, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine whether the nominated position was the subject of an approved nomination as required by the regulations. This involved assessing whether the employer's nomination application, initially refused by a delegate, had subsequently been approved by the Tribunal, and if that approved position corresponded to the position declared in the visa application. The Tribunal also needed to consider whether the employer who made the nomination was the same person who would employ the applicant, and if the nomination had been approved and not withdrawn.

The Tribunal reasoned that for the Direct Entry stream, clause 187.233 mandates that the nominated position must have been the subject of an approved nomination. It noted that the employer's nomination application was initially refused on 29 January 2018. However, on 31 July 2018, the Tribunal set aside the delegate's decision and substituted its own decision, approving the appointment for the position of Conference and Event Organiser. The Tribunal was satisfied, based on the evidence before it, that this approved position was the same as that which was the subject of the relevant nomination application and the visa application declaration. Consequently, the Tribunal found that the applicant met the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant meets the criteria specified in clause 187.233 of Schedule 2 to the Regulations.