Ahmed (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision concerning their visa application, which was based on a nomination made by The Trustee for Neumann Family Trust, operating the Royal Hotel in Gundaroo, NSW. The core dispute revolved around whether the relevant nomination had been approved in accordance with the requirements of clause 187.233 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met the criteria set out in clause 187.233, specifically concerning the approval of the employer nomination. This included assessing whether the nominated position was correctly identified, whether the nominator was the prospective employer, and crucially, whether there was any adverse information known to the Department of Home Affairs regarding the nominator or associated persons, or if such information could reasonably be disregarded. The Tribunal also had to consider the timing of the visa application relative to the nomination approval and the continued availability of the position.

The Tribunal's reasoning focused on the requirements of clause 187.233, particularly subclause (4A) which addresses adverse information. The Tribunal noted that the Department had received an allegation that the applicant had paid the nominator to secure the visa. In light of this potentially adverse information, the Tribunal had notified the nominator under section 359A of the Migration Act 1958, inviting a response. As the Tribunal found that the first applicant met the requirements of clause 187.233(2), it concluded that the matter should be remitted for reconsideration.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The direction was that the first named applicant meets the criteria of clause 187.233 of Schedule 2 to the Regulations, and that the applications of the second and third named visa applicants should also be reconsidered in full.