Dal Bianco (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Child Care Worker. The applicant was nominated by Murdock Early Learning Schools Pty Ltd. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was to assess whether the nominated position and the nomination itself satisfied all the conditions stipulated in clause 187.233. This included verifying that the position was correctly nominated, that the employer was the nominator, that the nomination had been approved and not withdrawn, that there was no adverse information known to the Department concerning the nominator or associated persons, that the position remained available to the applicant, and that the visa application was lodged 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 on 11 January 2022, setting aside a prior refusal by the Department. The Tribunal was satisfied that the nomination had not been withdrawn, the position was still available, and the visa application was made within the prescribed timeframe. Furthermore, the Tribunal was satisfied that no relevant adverse information was known to the Department regarding the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.