Buzon (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Buzon for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Temporary Residence Transition stream. The dispute arose from the Department's refusal to approve the nomination lodged by MR GAULT & K GAULT for Mr. Buzon as a Dairy Cattle Farmer. The Department's refusal was based on concerns regarding the control of the nominating position by associated entities.

The primary legal issue before the Tribunal was whether Mr. Buzon met the criteria for a subclass 187 visa in the Temporary Residence Transition stream, specifically clause 187.223, which requires an approved nomination. The Tribunal also considered Mr. Buzon's request for the matter to be referred to the Minister for consideration of intervention under section 351 of the Migration Act 1958 (Cth).

The Tribunal reasoned that at the time the Department made its decision, and at the time of the Tribunal's review, there was no approved nomination for Mr. Buzon. The partnership's nomination had been refused by the Department and this decision was affirmed by the Tribunal. Furthermore, legislative amendments made in 2018 meant that a nomination by a new employer would not satisfy the criteria for a subclass 187 visa if the applicant was originally nominated by a different employer. Consequently, the Tribunal found that Mr. Buzon could not satisfy clause 187.223 and therefore did not meet the criteria for the visa.

Despite affirming the decision not to grant the visa, the Tribunal was satisfied that the cumulative factors presented by Mr. Buzon constituted unique and exceptional circumstances warranting consideration by the Minister. Accordingly, the Tribunal referred the case to the Minister for the purpose of considering the exercise of the Minister's intervention powers under section 351 of the Act.