ALMA (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Accommodation and Hospitality Manager. The applicant's visa application had been refused by the Department of Immigration following the refusal of the employer's nomination. The employer, W.S Shepherd Pty Ltd, sought review of the nomination refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nomination of the position. This clause requires, among other things, that the nominated position be located in regional Australia, that the employer who made the nomination is the person who will employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the requirements of clause 187.233 were met. It noted that the Department's initial refusal of the nomination had been set aside by the Tribunal in separate proceedings, and a new decision to approve the nomination had been substituted. The Tribunal was satisfied that W.S Shepherd Pty Ltd was the nominator and prospective employer, that the nomination had been approved and not withdrawn, that no adverse information was known to Immigration, that the position remained available, and that the visa application was made concurrently with the nomination.

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