Baldaniya (Migration)

This matter concerned applications for Regional Employer Nomination (Permanent) (Class RN) visas, specifically Subclass 187 (Regional Sponsored Migration Scheme) visas under the direct entry stream. The primary dispute revolved around whether the nominated position met the requirements of cl.187.233(3) of Schedule 2 to the Regulations, particularly in light of a prior refusal of the nomination application by the Department. The decision was made by Member Karen McNamara of the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine if the nominated position met the criteria set out in cl.187.233(3), which included that the position be located in regional Australia, be the subject of an approved nomination, and that the nominating employer be the prospective employer of the applicant. Crucially, the Tribunal also had to consider the provision regarding 'adverse information' known to Immigration about the nominator or associated persons, and whether such information was reasonable to disregard. The Tribunal also needed to determine the status of the applications made by the applicant's family members.

The Tribunal reasoned that the applicant satisfied cl.187.233(3) because the nomination for the position of Farm Mechanic had been approved by the Tribunal on review, setting aside the Department's earlier refusal. This approval meant that the requirement for an approved nomination was met. The Tribunal noted that the other applicants were family unit members and their applications would be determined by reference to the outcome of the primary applicant's application. Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration, with a direction that the first applicant met the criteria under cl.187.233(3).