Baldomar (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Regional Employer Nomination (Permanent) (Class RN) visa, specifically the Subclass 187 (Regional Sponsored Migration Scheme) visa, Temporary Residence Transition stream. The primary issue before the Tribunal was whether the nomination for the position of Floor Finisher had been approved in accordance with the relevant legislative criteria.

The Tribunal was required to determine if the nomination met the requirements of clause 187.223 of Schedule 2 to the Migration Regulations. This involved assessing whether the nominated position was correctly identified, whether the nomination had been approved and not subsequently withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position was located in regional Australia, if the position 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 had been approved and that the nominated position was the same as that declared in the visa application. It was satisfied that the position was still available, the nomination had not been withdrawn, and there was no adverse information known to the Department. Furthermore, the Tribunal determined that the position, located in Perth, was in regional Australia, and that the visa application was made within the six-month timeframe after the nomination's approval.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister. The Tribunal directed that the primary applicant met the criteria under clause 187.223. The applications of the secondary applicants were also to be reconsidered in light of this finding.