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Tribunal: Member P Emmerton

The applicants had applied for and were refused a Regional Employer Nomination (Permanent) (Class RN) visas. This particular type of visa is for the recruitment of skilled workers to fill positions in regional Australia that are unable to be filled from the local labour market. To be eligible for this visa an applicant must be nominated for an approved positon by a prospective employer.

The primary visa applicant was seeking the visa to work in the nominated position of Retail Manager (General) and the applicants applied for this visa in the direct entry stream. Under this stream, it is a requirement for the grant of this visa that the position to which the application relates is the subject of an approved nomination.[1]

The Department of Home Affairs (the Department) refused to grant the visas because the primary visa applicant was not subject of an approved nomination.

The business sponsor (who had nominated the applicant to work in the Retail Manager position) applied to the AAT for a review of the Department’s decision not to approve the nomination. The applicants also applied for a review of the Department’s decision to refuse to grant the visas.

The same member heard both applications. They had earlier set aside the Department’s decision not to approve the nomination and substituted this with a decision to approve the nomination.

On the basis that the nomination for the position had been approved, the AAT then considered whether the applicant met the remaining sub-clauses of that criterion for the visa. The AAT found that the approved position was the same as the one in the applicants’ original visa application. The business sponsor who would employ the applicant was the same person who nominated the position for approval. Further, that the application was made within the required timeframes. 

The AAT was satisfied the primary visa applicant met the relevant requirements and remitted the decision for reconsideration with the direction that the first named applicant met one of the required criteria for a Subclass 187 (Regional Sponsored Migration Scheme) visa.[2]

Read the full decision on AustLII.


[1] Clause 187.233 of Schedule 2 to the Migration Regulations 1994 (Cth)

[2] Clause 187.233 of  Schedule 2 to the Migration Regulations 1994 (Cth)