De Agrela (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 Retail Manager. The applicant's nomination had been refused by the Department of Immigration and Border Protection, and the nominating employer, THE TRUSTEE FOR DCB AUSTRALIA UNIT TRUST, represented by Mr Dino Carvalho, sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations 1994. This clause outlines several requirements for a nomination to be approved, including that the nominated position must be located in regional Australia, the nominating employer must be the entity that will employ the applicant, the nomination must have been approved and not subsequently withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the applicant met the requirements of clause 187.233. It noted that the nominating employer had signed an employment contract demonstrating their intention to employ the applicant as a Retail Manager. The Tribunal was satisfied that there was no adverse information concerning the owner of the business and that the position remained available. Furthermore, the visa application, lodged on 1 February 2018, was made within the six-month timeframe following the nomination's approval.

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