Arora (Migration)

The Administrative Appeals Tribunal considered a Regional Employer Nomination (Permanent) (Class RN) visa application, specifically for a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Temporary Residence Transition stream. The applicant sought review of a decision concerning their nomination for the position of Restaurant Manager.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.223 of Schedule 2 to the Migration Regulations 1994. This involved determining if the nomination had been approved, not subsequently withdrawn, and if there was any "adverse information" known to the Department regarding the nominator or associated persons, or if such information could reasonably be disregarded. The Tribunal also had to consider whether the position was located in regional Australia, remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination for the Restaurant Manager position had been approved on 22 December 2020, satisfying clause 187.223(2). It also determined that the nomination had not been withdrawn, the position remained available, and the visa application was made prior to the nomination's approval, thus meeting the six-month timeframe. Regarding adverse information, the Tribunal considered allegations from 2015 and 2016 concerning the nominating business being paid for visas. However, as these allegations were anonymous and departmental monitoring at the time did not reveal supporting evidence, and no further evidence had emerged, the Tribunal concluded that these allegations did not constitute "adverse information" as defined by the regulations. Consequently, the Tribunal found no adverse information known to the Department about the nominator or associated persons.

Based on these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 187.223 of Schedule 2 to the Regulations.