BRAR (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream, for the position of Restaurant Manager. The Tribunal was required to determine whether the primary applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The central legal issue was whether the nomination for the Restaurant Manager position satisfied the criteria set out in clause 187.233. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination for the position of Restaurant Manager, approved on 23 January 2023, met all the requirements of clause 187.233. Specifically, the Tribunal was satisfied that the position was located in regional Australia, was the subject of the visa application, and that Diwali Pty Ltd, the nominator, would also be the employer. The Tribunal noted that the nomination had not been withdrawn, no adverse information was known, the position remained available, and the visa application was made before the nomination was approved, thus satisfying the six-month timeframe. Consequently, the Tribunal remitted the primary applicant's visa application for reconsideration by the Minister, finding that the primary applicant met the specified criteria. The Tribunal also recommended that the department reconsider the applications of the secondary applicants, who had been refused on the basis that the primary applicant had not met the requirements of subregulation 187.233.