Araujo Ribeiro (Migration)

This matter concerned an application for a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the position of Restaurant Manager. The applicant’s nominating employer, Burt Cooper Pty Ltd, had initially applied for approval of the nomination, which was refused by the Department. The employer then sought review of this decision by the Tribunal. The Tribunal, constituted by Member Mary Sheargold, was required to determine whether the nomination criteria for the visa had been met.

The primary legal issue before the Tribunal was whether the nomination for the Restaurant Manager position had been approved, as required by clause 187.233 of Schedule 2 to the Migration Regulations. This clause, as applicable, stipulated several conditions, including that the position be located in regional Australia, that the nominating employer be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons (or that such information be disregarded), that the position remain available, and that the visa application be made within six months of the nomination approval.

The Tribunal found that on 14 May 2021, it had set aside the Department's decision to refuse the nomination and substituted a decision to approve it under regulation 5.19(4). Consequently, the Tribunal concluded that the first named applicant met the requirement of clause 187.233(3) of Schedule 2 to the Regulations. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria, including those pertaining to the secondary applicant.