Duffy (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 a food and beverage manager. The applicant's associated position nomination had been refused, and the review of both the nomination and the visa application was heard together by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination application, and identify the applicant in relation to the position. Further requirements include that the nominator must be the prospective employer, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons, or such information must be reasonable to disregard, the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 be made within six months of the nomination approval.

The Tribunal found that the nominated position was located in regional Australia and identified the applicant. It was confirmed that the nominator, Karma Darwin Pty Ltd, would employ the applicant, and the nomination had been approved by the Tribunal that day and had not been withdrawn. While a formal warning had been issued to the applicant in 2016 regarding sponsorship obligations, the Tribunal was satisfied that the decision not to bar or cancel the sponsor at that time was correct and that no further adverse information was known. Consequently, the Tribunal deemed it reasonable to disregard the past adverse information. The availability of the position was also confirmed.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 187.233.