Cheema (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream, for the position of Motor Mechanic (General). The applicant, Mr. Cheema, had his visa application refused after the Department of Immigration initially refused to approve the employer's nomination. The employer, The Trustee for H&T Family Trust, subsequently sought review of the nomination refusal. The Administrative Appeals Tribunal (AAT) reviewed the decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nominated position. This clause requires, among other things, that the nominated position be located in regional Australia, that the employer who made the nomination is the one who will employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the employer's nomination had been approved by the Tribunal on review, and this approval had not been withdrawn. It was satisfied that the employer was the nominator, the position remained available, and the visa application was made concurrently with the nomination, thus meeting the time limit. Furthermore, the Tribunal found no adverse information concerning the nominator or associated persons. Based on these findings, the Tribunal concluded that clause 187.233 had been met.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria under clause 187.233 for the Subclass 187 visa.