Cavallaro (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 the occupation of Café and Restaurant Manager. The applicant's nomination had been refused, and the decision was under review by the Tribunal.

The Tribunal was required to determine whether the applicant met several criteria for the visa, specifically clauses 187.211, 187.212, 187.212A, 187.231, and 187.232 of Schedule 2 to the Regulations. These clauses relate to mandatory licensing or registration requirements, whether employment will be provided, whether the applicant has engaged in conduct contravening specific sections of the Act concerning sponsorship-related events, age requirements, and English language proficiency.

The Tribunal found that clause 187.211 was not applicable as there was no evidence of mandatory licensing for the nominated position in the Northern Territory. It was satisfied that employment would be provided under clause 187.212 and that the applicant had not engaged in conduct contravening the Act under clause 187.212A. The applicant met the age requirement under clause 187.231, not having turned 45 at the time of application. Furthermore, the applicant was found to have competent English language skills under clause 187.232, based on achieving a Test Result of 6.0 in all components of the IELTS.

Given these findings, the Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration, with a direction that the applicant met the specified criteria. The Tribunal also noted that other criteria, including 187.233 and 187.234, were also to be considered in the reconsideration.