1506587 (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 (Regional Sponsored Migration Scheme) visa. The applicant, nominated by Rendberg Pty Ltd ATF The Rendberg Unit Trust for the position of Catering Manager, had their nomination initially refused by the Department. The dispute before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Regulations, which outlines criteria for Direct Entry nominations in regional Australia.

The Tribunal was required to determine if the nominated position met the requirements of clause 187.233, including whether the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information known to Immigration concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination approval. The Tribunal also needed to consider the implications of a prior decision by the Tribunal to set aside the Department's refusal and approve the nomination.

The Tribunal reasoned that the nominated position was the same as that in the nomination application, and the employer was indeed the nominator. Crucially, the Tribunal noted that it had previously set aside the Department's refusal and approved the nomination on 12 September 2016. It was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the six-month timeframe. Furthermore, the Tribunal found no evidence of adverse information known to the Department regarding the nominator or associated persons, as defined by the Regulations.

Consequently, the Tribunal concluded that the applicant met all the requirements of clause 187.233. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria, directing that the first named applicant meets clause 187.233.