Chen (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 the position of Café or Restaurant Manager. The applicant was nominated by Thai Tamarind Restaurant. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nomination for the position of Café or Restaurant Manager met all the criteria stipulated in clause 187.233. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department of Immigration about the nominator or associated persons, that the position remains available to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The Tribunal found that the nomination had been approved on review by the Tribunal on 23 September 2021, had not been withdrawn, and the position remained available to the applicant. It was also satisfied that the visa application was made within the prescribed six-month period and that there was no adverse information known to the Department concerning the nominator or associated persons. Consequently, the Tribunal concluded that clause 187.233 was satisfied.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Migration Regulations 1994.