Castillo (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The primary applicant sought review of a decision by the Department of Home Affairs concerning their eligibility for the visa, with other applicants seeking to be included as members of the family unit. The Administrative Appeals Tribunal (AAT) considered whether the primary applicant satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233, which mandates that the position be located in regional Australia, be the subject of an approved nomination, and that the nominator be the prospective employer. The clause also requires that the nomination identify the applicant, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the primary applicant satisfied clause 187.233. This conclusion was based on the Tribunal's prior decision to set aside the Department's refusal of the nomination application and substitute an approval. The evidence indicated that the original nominator intended to employ the applicant in the nominated regional position, that the visa application was lodged within the prescribed timeframe, and that no adverse information concerning the nominator was presented. Consequently, the Tribunal remitted the primary applicant's visa application to the Minister for reconsideration of the remaining visa criteria. The applications of the family unit members were to be determined by reference to the outcome of the primary applicant's remitted application.