DUINEVELD (Migration)

The Administrative Appeals Tribunal, with Member Penelope Hunter presiding, considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant, nominated by Dog Force Group Pty Ltd for the position of Dog Handler or Trainer, sought review of a decision concerning the approval of this nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of the Regulations, specifically concerning the nomination of a position for the Direct Entry stream. This involved assessing whether the nominated position was properly identified, whether the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that the nominated position and employer were correctly identified and that the nomination, initially refused by the Department, had been approved by the Tribunal on 13 June 2018. It was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Furthermore, the Tribunal found no adverse information regarding the nominator. Consequently, the Tribunal concluded that the requirements of cl.187.233 were met.

As a result of these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria under cl.187.233 of Schedule 2 to the Regulations.