Cheng (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the occupation of Hotel or Motel Manager. The applicant's visa application had been refused following the Department's refusal to approve the employer's nomination. The Administrative Appeals Tribunal (AAT) was required to review the decision regarding the nomination approval.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994. This clause, as applicable, stipulated several conditions, including that the nominated position be located in regional Australia, that the applicant be identified in the nomination (if made after 1 July 2017), that the nominating employer be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons, that the position remain available, and that the visa application be lodged within six months of the nomination approval.

The Tribunal found that the nominating employer, Park Regis Cairns Pty Limited, had initially had its nomination for the position of Duty Manager refused by the Department. However, on review by the Tribunal, that decision was set aside, and the nomination was approved. Consequently, the Tribunal concluded that the applicant satisfied clause 187.233(3) of Schedule 2 to the Regulations.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet criterion cl. 187.233(3) for the Subclass 187 visa.