Zhu (Migration)

This matter concerned 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 to refuse the visa. The Tribunal was required to determine whether the nomination for the position had been approved and if the applicant met the relevant criteria under clause 187.233 of Schedule 2 to the Regulations.

The Tribunal considered the evidence presented, including written submissions and supporting documentation. It noted that clause 187.233, as applicable, required the nominated position to be located in regional Australia, be the subject of an approved nomination, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. The Tribunal found that the approved position was the same as that in the visa application declaration and the relevant nomination application, thus satisfying subclause 187.233(1). Furthermore, the Tribunal was satisfied that the employer was the nominator and that the nomination had been approved, meeting subclauses 187.233(2) and (3).

Based on its findings that the applicant met the requirements of clause 187.233, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet the criteria specified in clause 187.233.