Cercleron (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The applicant sought review of a decision concerning the nomination for a Café or Restaurant Manager position. The Tribunal, constituted by Terrence Baxter, was required to determine whether an approved nomination existed for the applicant.

The central legal issue before the Tribunal was whether the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994 (Cth) had been met, particularly concerning the approval of the nomination for the position. This clause outlines several conditions, including that the position must be nominated in the Direct Entry stream, located in regional Australia, and that the nominator must be the prospective employer. It also requires the nomination to have been approved and not subsequently withdrawn, the absence of adverse information about the nominator or associated persons, the continued availability of the position, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nominator had applied to have the position of Café or Restaurant Manager approved with the applicant as the nominee. Although this nomination was initially refused, the nominator sought review, and on 25 October 2023, the Tribunal set aside the refusal and substituted a decision approving the nomination. Consequently, the Tribunal found that criterion 187.233(3) was satisfied.

Given that one of the key criteria for the visa had been met through the Tribunal's review, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant met criterion 187.233(3) for the Subclass 187 visa.