Abordaje (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream. The applicant sought review of a decision concerning the nomination for a position as a Cafe or Restaurant Manager. The Tribunal, constituted by Susan Reece Jones, was tasked with determining whether the applicant met the requirements of clause 187.233 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which outlines the criteria for the nomination of a position in the Direct Entry stream of the Subclass 187 visa. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant's employer nomination, made by Cafe the Prevue Pty Ltd ATF the Alexander Trust, had initially been refused by the Department. However, following a review application, the Tribunal had previously set aside the Department's decision and substituted an approval of the nomination on 26 January 2023. As the nomination had now been approved and the applicant had made a declaration in relation to it, the Tribunal concluded that the applicant met the requirements of clause 187.233(2). Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a specific direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.