Compri (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Personal Assistant. The applicant was nominated by Seven Migration Pty Ltd. The Administrative Appeals Tribunal was required to determine whether the applicant 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 and the nomination itself satisfied the criteria set out in clause 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in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant met all the requirements of clause 187.233. It noted that the nomination had been approved by the Tribunal itself on 28 September 2022, that the employer was the nominator, and that the position remained available. The Tribunal was also satisfied that there was no adverse information known to Immigration, that the nomination had not been withdrawn, and that the visa application was made within the prescribed timeframe. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first applicant meets clause 187.233. The application of the second applicant, who applied as a member of the family unit, was also remitted for reconsideration in accordance with the outcome of the first applicant's application.