CHAFFERS (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) regarding a refusal to approve a nomination for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant, Ms. Chaffers, sought to have the nomination refusal decision set aside.

The primary legal issue before the Tribunal was whether the nominated position of Café or Restaurant Manager met the requirements of clause 187.233 of the Migration Regulations 1994. This clause outlines several conditions for a valid nomination, including that the employer making the nomination must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons, the position must remain available, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal reasoned that the nominating employer, Great Keppel Island Hideaway Pty Ltd, had indeed made the nomination, and this nomination had been approved by the Tribunal on 6 July 2018, superseding the Department's earlier refusal. The Tribunal was satisfied, based on the available evidence, that the employer was the prospective employer, the nomination was approved and not withdrawn, no adverse information was known to the Department, the position remained available to Ms. Chaffers, and the visa application was made concurrently with the nomination, thus satisfying the time limit. Consequently, the Tribunal found that the requirements of clause 187.233 were met.

The Tribunal concluded that the nomination should be approved and therefore set aside the Department's refusal decision. The matter was remitted for reconsideration of the visa application.