Cheng (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant was a Grape Grower, and the subject of the dispute was an approved nomination by Starcastle Investments Pty Ltd. The Administrative Appeals Tribunal, constituted by Glenn O'Brien, was required to review a decision to refuse the nomination.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of cl 187.233(3) of Schedule 2 to the Regulations concerning the employer nomination approval. This involved considering whether the nominated position was located in regional Australia, whether the applicant was identified in relation to the position, and whether the employer was the nominator. Further considerations included whether the nomination had been approved and not withdrawn, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and the timeliness of the visa application relative to the nomination approval.

The Tribunal found that the original nomination by Starcastle Investments Pty Ltd had been refused by a delegate on 14 August 2018. However, on review, the Tribunal set aside this refusal and substituted its own decision, approving the nomination on 16 June 2021. The Tribunal concluded that the applicant now satisfied cl 187.233(2) and, by extension, cl 187.233(3) of the Regulations. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.