Bruijnen (Migration)

This matter concerned a review of a decision regarding a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The applicant sought a visa for the position of Veterinary Nurse, and the nominating employer, Ced Wise AB Services Pty Ltd, had its nomination approved upon review by the Tribunal after an initial refusal by the Department. The core dispute revolved around whether the applicant met the criteria for the nomination approval.

The Tribunal was required to determine if the applicant satisfied clause 187.233 of the relevant regulations, which outlines the requirements for the nomination of a position in regional Australia for the Direct Entry stream. This clause mandates that the nominated position must be the subject of an approved nomination, that the employer making the nomination is the one who will employ the applicant, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant met clause 187.233. It noted that Mr. Ced Wise, the owner and director of the nominating company, had made the nomination and signed the employment contract, confirming he would employ the applicant. The Tribunal was satisfied that the nomination for the Veterinary Nurse position had been approved and not withdrawn, and that no adverse information concerning Mr. Wise was before it. Furthermore, the employment contract demonstrated the position remained available, and the visa application date of 13 December 2017 was within the six-month timeframe following the nomination's approval.

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