CORTES SALDARRIAGA (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, Mr. Cortes Saldarriaga, was the subject of an approved nomination. The Administrative Appeals Tribunal (AAT) was required to review a decision concerning the nomination application.

The primary legal issue before the Tribunal was whether the nomination met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. Further requirements include that the nominator must be the prospective employer, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be disregarded), the position must remain available to the applicant, and the visa application must be made within six months of the nomination approval.

The Tribunal found that the nominator, Aussie Learning Pty Ltd, met the requirements of regulation 5.19 for the approval of the nomination. The Tribunal was satisfied that Aussie Learning Pty Ltd would employ the applicant, that there was no adverse information known to Immigration, and that the position remained available as the applicant was employed in it. The Tribunal also noted that the visa application was made on the same date as the nominator applied for approval of the nomination. Consequently, the Tribunal concluded that clause 187.233 was met.

The Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria specified in clause 187.233 of Schedule 2 to the Regulations.