1600356 (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the visa applicant met the criteria for the grant of a Subclass 187 visa, specifically focusing on the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause pertains to the nominated position, the employer, and the approval of the nomination.

The Tribunal found that the applicant met several subclauses of clause 187.233. It was satisfied that the nominated position was that of Minister of Religion (ANZSCO 272211), aligning with the employer's nomination. The Tribunal also accepted that the employer who made the nomination was the entity that would employ the applicant. Crucially, the Tribunal had previously set aside a decision in a related matter and approved the nomination under regulation 5.19, meaning the applicant met clause 187.233(3). The applicant's oral evidence, accepted by the Tribunal, confirmed the nomination had not been withdrawn and the position remained available. Furthermore, the visa application date was within six months of the nomination approval, satisfying the time limit requirement. The Tribunal also accepted there was no adverse information known to the Department regarding the nominator or associated persons.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.