Do (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, by the first named applicant, with the second and third named applicants applying as members of the applicant's family unit. The dispute before the Tribunal was whether the applicant met the criteria for the visa, specifically concerning an approved nomination for the position of Cook. The decision was made by Terrence Baxter, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the nominated position for the applicant as a Cook met the requirements of clause 187.233 of Schedule 2 to the Regulations. This clause, as applicable, required that the position be the subject of an approved nomination in regional Australia, that the nominator be the prospective employer, that the nomination had been approved and not withdrawn, that there was no adverse information known to Immigration or that such information could be disregarded, that the position remained available, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the records indicated a nomination application was made on 29 November 2016, which was initially refused on 21 March 2018. The nominator sought review, and on 4 January 2021, the Tribunal set aside the refusal and substituted a decision to approve the nomination. Consequently, the Tribunal found that clause 187.233 was met in relation to the first named applicant.

Given these findings, the Tribunal determined that the appropriate course was to remit the visa application for reconsideration by the Minister. The applications of the second and third named applicants, who applied as family members, were also to be determined on remittal in light of the findings regarding the first named applicant. The Tribunal directed that the first named applicant met criterion cl.187.233(3) of Schedule 2 to the Regulations.