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, made by the applicant, Zhang. The dispute arose from the refusal of the applicant's visa application, which was linked to a nomination application made by the applicant's employer, G A & L J Nominees Pty Ltd. The case was heard by Alison Mercer, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 187.233 of Schedule 2 to the Migration Regulations 1994, specifically concerning the nominated position and the employer's nomination. This clause requires, among other things, that the nominated position be located in regional Australia, that the employer who made the nomination is the one who will employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information about the nominator or associated persons, that the position remains available, and that the visa application was made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 a previous decision by the Tribunal on 14 December 2023 had set aside the Department's refusal of the employer's nomination application and substituted a decision to approve the nomination. Based on this and other evidence, the Tribunal was satisfied that all subclauses of clause 187.233 were met. The Tribunal reasoned that the employer had made the original nomination, continued to employ the applicant, the nomination was now approved and unwithdrawn, no adverse information existed or was reasonably disregarded, the position remained available, and the visa application was lodged within the prescribed timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration. The Tribunal directed that the applicant be considered to have met the criteria under clause 187.233 of Schedule 2 to the Regulations, allowing the Minister to assess the remaining criteria for the visa.