Zhao (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 position as a café or restaurant manager. The applicant sought review of a decision concerning the approval of the nominated position. The Tribunal, constituted by Susan Reece Jones, was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position met the criteria outlined in clause 187.233, particularly concerning the employer's nomination and its subsequent approval. This clause requires, among other things, that the nominated position be located in regional Australia, that the applicant be identified in the nomination application, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was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 reasoned that while the Department had initially refused the employer's nomination application on 18 June 2019, this decision was subsequently set aside by the Tribunal on 1 October 2022, with a substituted decision approving the nomination. As the relevant nomination had now been approved, the Tribunal found that the applicant met the requirements of cl.187.233(2). Consequently, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria.