Bustios Veiga (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Property Manager. The applicant's nomination had been refused by the Department, and the nominating employer sought review of this decision. The Tribunal was required to determine whether the applicant met the criteria under clause 187.233 of the relevant regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233(3), which mandates that the Minister has approved the nomination. This clause, as applicable, required the nominated position to be located in regional Australia, identified the applicant in relation to the position (for nominations made on or after 1 July 2017), and stipulated that the nominator must be the prospective employer, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the applicant met the requirements of clause 187.233. It noted that the nomination for the Property Manager position had been approved by the Tribunal after setting aside the Department's refusal, and had not been withdrawn. Furthermore, no adverse information was presented regarding the nominator, Mr Paul Angell. The Tribunal was satisfied that the employment contract demonstrated the position remained available to the applicant and that the visa application was lodged within the six-month timeframe after the nomination's approval.

Consequently, the Tribunal remitted the primary visa applicant's application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal also remitted the secondary applicants' visa applications for reconsideration.