Zhang (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 an Accountant (General). The applicant sought review of a decision concerning their eligibility for the visa. The Tribunal, presided over by Susan Reece Jones, was required to determine whether the applicant met the requirements of clause 187.223 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria under clause 187.233, specifically concerning the nomination of a position. This clause requires, among other things, that the nominated position be located in regional Australia, that the applicant be identified in relation to the position if the nomination was made on or after 1 July 2017, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa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 found that the applicant's nominated position was with Hedland Emporium Pty Ltd, a department store in Port Hedland, Western Australia. Although the employer's nomination was initially refused by the Department on 15 February 2019, the Tribunal subsequently set aside this decision and approved the nomination on 5 September 2022. As the nomination had now been approved, the Tribunal concluded that the applicant met the requirements of clause 187.233(2). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with a specific direction that the applicant meets the requirements of clause 187.233(2).