Ball (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision to refuse their visa application, which had been refused by a delegate on the basis that the associated nomination for the position was not approved.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994, specifically concerning the approval of the nominated position. This clause requires, among other things, that the nominated position be the subject of an approved nomination, that the employer who made the nomination will employ the applicant, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal noted that the delegate had refused the nomination, but in a separate decision of the same date, the Tribunal had set aside that refusal and substituted a decision to approve the nomination. The Tribunal found that Shahin Enterprises Pty Ltd, the nominator, would employ the applicant, there was no adverse information concerning Shahin or associated persons, the position remained available, and the visa application was lodged within the prescribed timeframe. Consequently, the Tribunal concluded that clause 187.233 was met.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 187.233 of Schedule 2 to the Regulations. The Minister was to then consider the remaining criteria for the visa.