Asawasinsophon (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Cook. The applicant sought review of a decision to refuse the visa. The Tribunal, constituted by Member Peter Emmerton, was required to determine whether the nomination for the position had been approved.

The primary legal issue before the Tribunal was the interpretation and application of clause 187.233 of Schedule 2 to the relevant regulations, which sets out the criteria for a nominated position in the Direct Entry stream. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration or that such information is reasonable to disregard, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the applicant met the requirements of clause 187.233. It relied on its previous findings in the nomination application, which had been approved on review, to establish that the nominated position was the same as that declared in the visa application and that the nominator was the prospective employer. The Tribunal concluded that, given its prior approval of the appointment under subregulation 5.19(4), the visa applicant now satisfied the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet the criteria specified in clause 187.233 of Schedule 2 to the Regulations.