Chang (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 café manager. The applicant and their nominator provided evidence to the Tribunal. The core dispute revolved around whether the applicant met the criteria for the visa, specifically concerning the nominated position.

The Tribunal was required to determine if the applicant satisfied clause 187.233 of the Migration Regulations, which outlines the requirements for a nominated position in regional Australia. This included assessing whether the position was the subject of an approved nomination, whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the applicant met all the requirements of clause 187.233. It was satisfied that the nomination for the café manager position was approved and not withdrawn, that the position was located in regional Australia and was the subject of the visa application, and that the nominator, Four Birds Darwin Pty Ltd, would employ the applicant. Furthermore, the Tribunal noted that there was no adverse information known to Immigration regarding the nominator or associated persons, that the position remained available, and that the visa application was made within the prescribed six-month timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the primary applicant met the criteria under cl 187.233. The Tribunal also recommended that the secondary applicant's application, as a member of the family unit, be reconsidered alongside the primary applicant's application, given that their refusal was contingent on the primary applicant's visa outcome.