Bianchini (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding a Subclass 187 Regional Employer Nomination (Permanent) (Class RN) visa application, specifically under the Direct Entry stream for an Office Manager position. The core dispute revolved around whether the nomination for the position had been approved and met the relevant legislative criteria.

The Tribunal was required to determine if the nomination of the position satisfied clause 187.233 of Schedule 2 to the Migration Regulations. This involved assessing whether the nominated position was located in regional Australia, was the subject of an approved nomination, and if the applicant was identified in relation to the position (for nominations made on or after 1 July 2017). Further, the Tribunal had to consider if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa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 nominator, Pure and Healthy Pty Ltd, was indeed the prospective employer. Crucially, the Tribunal had previously substituted a decision approving the nomination for an earlier refusal. It was satisfied that no adverse information was known or that any such information was reasonable to disregard, that the position remained available to the applicant, and that the visa application was made within the prescribed timeframe. Consequently, the Tribunal concluded that clause 187.233 was met.

The Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first applicant had met the criteria under clause 187.233 of Schedule 2 to the Regulations.