Chou (Migration)

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision relating to a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for a position as a Nurseryperson. The applicant's employer, Prima Fresh Packers Pty Ltd, had initially had its nomination application refused, but the Tribunal had subsequently set aside that refusal and approved the nomination. The second applicant was a member of the first applicant's family unit.

The primary legal issue before the Tribunal was whether the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994 were met, specifically concerning the approved nomination and the availability of the position to the applicant. The Tribunal was required to consider whether the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information about the nominator or associated persons, and if the position remained available to the applicant.

The Tribunal found that the evidence satisfied all the relevant subclauses of clause 187.233. It noted that the nomination had been approved by the Tribunal on 9 November 2023, had not been withdrawn, and that Prima Fresh Packers Pty Ltd continued to employ the applicant. The Tribunal was also satisfied that there was no adverse information known to Immigration, or that any such information was reasonable to disregard, and that the position remained available to the applicant.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first applicant met the criteria under clause 187.233. The application of the second applicant, as a family unit member, was also remitted for reconsideration alongside the first applicant's application.