Chen (Migration)

This matter concerned an appeal by the applicant against a decision to refuse a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream. The primary issue before the Tribunal was whether the applicant was the subject of an approved nomination for the position of Chef.

The Tribunal was required to determine if the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination that identifies the applicant, and that the employer who made the nomination is the prospective employer. Further requirements include that the nomination has not been withdrawn, there is no adverse information known to the Department about the nominator or associated persons (or such information is reasonable to disregard), the position remains available to the applicant, and the visa application was made within six months of the nomination's approval.

The Tribunal found that a previous refusal on 24 October 2019, based on the applicant not being the subject of an approved nomination, had been set aside on 20 April 2020, at which point the nomination of Bransdon and Bransdon, the applicant's employer, was approved. The Tribunal concluded that the applicant was now the subject of an approved nomination and met all other requirements of clause 187.233.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.