Wilson (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 a Travel Agency Manager. The applicant sought review of a decision concerning the approval of the employer nomination. The Tribunal, constituted by Susan Reece Jones, was required to determine whether the relevant nomination had been approved as required by clause 187.233 of the Migration Regulations.

The primary legal issue was whether the applicant met the criteria under clause 187.233, specifically concerning the approval of the employer nomination. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal noted that the employer nomination made by Happy Travels Australia Pty Ltd had initially been refused by the Department. However, on review, the Tribunal set aside the Department's decision and substituted a decision approving the nomination on 12 November 2021. As the nomination was now approved and the applicant was identified in relation to it, the Tribunal found that the applicant met the requirements of clause 187.233(2).

Consequently, the Tribunal remitted the visa applications for reconsideration. The direction was that the first named applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations, and the remaining criteria for both the first and second named applicants should now be reconsidered by the Minister.