Belaos (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream. The applicants sought to remain in Australia, and the Tribunal considered whether to refer their case to the Minister for potential exercise of public interest powers under section 351 of the Migration Act 1958 (Cth). The applicants had been working for a new employer after the applicant's redundancy from a previous role.

The legal issues before the Tribunal were whether the applicants' circumstances met the criteria for referral to the Minister, specifically whether there were unique or exceptional circumstances, such as an exceptional economic benefit to Australia, or circumstances not anticipated by the relevant legislation or leading to unfair or unreasonable results. The Tribunal also had regard to its own directions regarding the referral of cases to the Minister.

The Tribunal reasoned that while the applicants' situation involved a redundancy and a subsequent approved nomination by a new employer, the core of the referral argument rested on the significant skill shortages in rural and regional Australia, particularly for vehicle painters and panel beaters. Evidence was presented detailing the difficulties faced by the new employer in recruiting qualified staff, despite extensive advertising and labour market testing. This was supported by letters from a regional employment services provider and local politicians, highlighting the widespread impact of these shortages on businesses, including those providing essential services. The Tribunal also noted the applicants' established community ties, including the son's schooling and the spouse's employment in aged care, another sector experiencing staff shortages. Despite these considerations, the Tribunal ultimately affirmed the decision not to grant the visas.