1511379 (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The applicant sought review of a decision to refuse the nomination. The Tribunal, constituted by Jennifer Ciantar, was required to determine whether the criteria for the nomination had been met, particularly in light of a previous decision by the Tribunal to set aside the refusal of the nomination.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position be approved, that the employer who made the nomination is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information can be disregarded), and that the visa application was made within six months of the nomination's approval.

The Tribunal found that on 13 December 2016, it had set aside the decision to refuse the nomination lodged by Narrabri Aviation and substituted a decision to approve the nomination. The Tribunal was satisfied that Narrabri Aviation was the nominator and prospective employer, that the position remained available, and that the visa application was lodged within the requisite six-month period following the nomination's approval. Furthermore, there was no evidence of adverse information concerning Narrabri Aviation or any associated person. Consequently, the Tribunal concluded that clause 187.233 was met.

The Tribunal remitted the application for a Regional Employer Nomination (Permanent) (Class RN) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.