Chen (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Hotel Services Manager. The applicant's nomination was initially set aside by the Tribunal. The case was heard by Alan McMurran, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 187.233(3) and 187.233 of Schedule 2 to the Migration Regulations 1994. This involved determining if the nominated position was located in regional Australia, was the subject of an approved nomination that had not been withdrawn, and if the applicant was identified in relation to the position. Further considerations included whether the employer was the nominator, 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's approval.

The Tribunal found that the nominated position, located on Daydream Island near Mackay, satisfied the regional requirement. It was also satisfied that the position was the same as that declared in the visa application, the applicant was identified in relation to the nomination (as it was made after 1 July 2017), the employer was the nominator, and the nomination had been approved and not withdrawn. The Tribunal further concluded that there was no adverse information known to Immigration regarding the nominator or associated persons, the position remained available, and the visa application was made within the prescribed six-month period.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl 187.233(3) and cl 187.233 of Schedule 2 to the Regulations.