Byrne (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 painter. The applicant's employer had made a nomination application, which had initially been refused but was subsequently set aside on review by the Tribunal. The central dispute revolved around whether the nomination met the requirements of clause 187.233 of Schedule 2 to the Regulations, particularly concerning adverse information relating to the applicant. The decision was made by the Tribunal.

The Tribunal was required to determine if the nominated position was located in regional Australia, if the applicant was identified in the nomination, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if the position remained available, and if the visa application was lodged within the prescribed timeframe. Crucially, the Tribunal also had to assess whether any adverse information known to the Department about the applicant was reasonable to disregard.

The Tribunal found that the nominated position as a painter was located in regional Australia and that the applicant had been correctly identified in the nomination application. It was satisfied that the nominator was the prospective employer and that the nomination had been approved and not withdrawn. Regarding adverse information, the applicant had disclosed past criminal convictions for drug possession and driving offences occurring more than ten years prior to the Tribunal's decision. Considering the nature of these offences and the significant time elapsed, the Tribunal concluded it was reasonable to disregard this information. The Tribunal also confirmed the position remained available and the visa application was lodged within the six-month timeframe.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the primary applicant met the criteria under clause 187.233. The Tribunal also directed that the applications made by any secondary applicants should be reconsidered in light of this finding.