Da Costa Rodrigues (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding applications for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The primary applicant sought this visa for the position of Personal Assistant, with her prospective employer, Team Tree Lopper Pty Ltd. The appeal also involved the second and third applicants as members of the primary applicant's family unit.

The central legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of the relevant regulations. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination, and that the nominator must be the prospective employer. Further requirements include that the nomination has not been withdrawn, there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), the position remains available, and the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominated position of Personal Assistant, as approved by the Tribunal on 31 January 2019, satisfied all the criteria under clause 187.233. Specifically, the Tribunal confirmed that the prospective employer was the nominator, the nomination was approved and not withdrawn, no adverse information was known or was reasonable to disregard, the position remained available, and the visa application was made within the prescribed timeframe. Consequently, as the primary applicant met these criteria, her family unit members also met the requirements for the visa.

Given these findings, the Tribunal remitted the visa applications to the Minister for reconsideration, with a direction that the primary applicant had met the criteria under clause 187.223 of Schedule 2 to the Regulations.