BURKE (Migration)

This matter concerned an application for review by a nominating employer whose nomination for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme) – Temporary Residence Transition stream, was initially refused by the Department. The applicant sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions that must be satisfied for a nomination to be approved, including that the nominated position is the subject of an approved nomination that has not been withdrawn, that there is no adverse information known to Immigration about the nominator or their associates, that the position is located in regional Australia, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination had been approved and not withdrawn, and that no adverse information was known to Immigration concerning the nominator or their associates. Furthermore, the Tribunal was satisfied that the nominated position of Livestock Farmer was still available to the applicant, as evidenced by a recent employment contract, and that the visa application was made within the prescribed six-month timeframe following the nomination's approval. Consequently, the Tribunal concluded that clause 187.233 was met.

The Tribunal set aside the Department's decision and substituted a decision to approve the nomination. The matter was then remitted to the Minister for reconsideration of the remaining criteria for the visa, with the direction that the applicant met clause 187.233.