Broadbent (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Building Associate. The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the nomination for the position had been approved and met the relevant criteria.

The primary legal issue before the Tribunal was whether the nomination for the Building Associate position satisfied clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several requirements, including that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the applicant must be identified in relation to the position if the nomination was made on or after 1 July 2017. The Tribunal also considered whether the person who would employ the applicant was the nominator, whether adverse information existed, if the position remained available, and the timeframe between nomination approval and visa application.

The Tribunal reasoned that based on the evidence provided, including findings made in a prior nomination application, the approved position was the same as that in the visa application declaration and identified the applicant. It was also satisfied that the employer was the nominator and that the applicant met the requirements of clause 187.233. Consequently, the Tribunal found that the visa applicant satisfied the criteria under clause 187.233.

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.