Devlin (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 Project Manager. The applicant's nomination by Rocktown Pty Ltd had initially been refused by the Department. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which outlines specific criteria relating to the nominated position, the nominator, and the timing of the visa application relative to the nomination approval. This clause requires, among other things, that the nominated position be approved, not withdrawn, still available to the applicant, and that the visa application be lodged within six months of the nomination's approval. It also addresses the presence of adverse information concerning the nominator or associated persons.

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 It noted that the nomination had been approved by the Tribunal on 11 March 2022, had not been withdrawn, and the position remained available. Furthermore, the visa application was made within the prescribed six-month period following the nomination approval, and there was no adverse information known to the Department regarding the nominator. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met clause 187.233.