Deol (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 occupation of Pastrycook. The applicant was nominated by Dolce Classico Pty Ltd. The Administrative Appeals Tribunal, constituted by Joanne Bakas, was required to determine whether the applicant met the criteria for the visa, specifically concerning an approved nomination.

The primary legal issue before the Tribunal was whether the nomination of the position for the applicant had been approved, as required by clause 187.233 of the Migration Regulations 1994. This clause outlines several requirements for a valid nomination, including that the position must be located in regional Australia, the applicant must be identified in the nomination, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information concerning the nominator or associated persons, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that while the Department had initially refused the nomination, Dolce Classico Pty Ltd had applied for a review of that decision. On 24 June 2022, the Tribunal set aside the Department's decision and substituted an approval of the nomination. Consequently, the Tribunal determined that the requirement under clause 187.233(3) was now met. The Tribunal also noted, for completeness, that the nominee had recently married and her spouse was now included in the nomination, with the nominator providing certification of this understanding.

Given that the nomination was now approved, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet the criteria under clause 187.233(3) of Schedule 2 to the Regulations.