Allison (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision by the Department of Immigration and Border Protection to refuse to approve a nomination for the position of Restaurant Manager. The Tribunal, constituted by De-Anne Kelly, was required to determine whether the applicant satisfied the criteria under clause 187.233 of the relevant regulations.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233, which outlines the conditions for an approved nomination for a regional sponsored migration visa. This clause necessitates that the nominated position be located in regional Australia, that the applicant be identified in relation to the position if the nomination was made after 1 July 2017, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons (or such information be disregardable), that the position remain available to the applicant, and that the visa application be lodged within six months of the nomination's approval.

The Tribunal found that the applicant satisfied clause 187.233. It noted that the visa application was acknowledged on 9 March 2018, consistent with the required declaration. The nominating employer, represented by Mr. Fisher, also signed the employment contract, demonstrating their intention to employ the applicant. The Tribunal confirmed that there was no adverse information regarding the owner of the business and that the employment contract indicated the position remained available. Furthermore, the visa application was made within the six-month timeframe after the nomination was approved.

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