Cicogna (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 nominated by Jennifer Hodder, trading as ‘House and Pet Sitters’, for the position of Personal Assistant. The Administrative Appeals Tribunal, constituted by Nicola Findson, was required to determine whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position met the criteria set out in cl.187.233. This clause requires, among other things, that the position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination, initially refused by the Department, had been set aside and approved by the Tribunal on 16 December 2020. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Crucially, the Tribunal was also satisfied that there was no adverse information known to the Department concerning the nominator or any associated person, or that any such information was reasonable to disregard. Consequently, the Tribunal concluded that cl.187.233 was met.

Given these findings, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the criteria under cl.187.233. The Minister is to consider the remaining criteria for the grant of the visa.