Choi (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision concerning a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the occupation of Cook. The applicant, Mr Choi, was the prospective employee, and Shushi Raft Pty Ltd was the prospective employer. The Tribunal was required to determine whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position for a Cook, lodged by Shushi Raft Pty Ltd, satisfied the criteria under clause 187.233. This clause requires, among other things, that the position be located in regional Australia, that the employer who made the nomination is the person who will employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the nominated position for Cook met all the requirements of clause 187.233. Specifically, it noted that the nomination had been approved upon review on 9 October 2020, and that the employer was the nominator, the position was still available, and the visa application was made within the prescribed timeframe. Having satisfied this primary criterion, the Tribunal considered that the application of the second applicant, as a member of the family unit, should also be reconsidered.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Minister. The direction was that the first applicant met the criteria under clause 187.233 for a Subclass 187 visa.