Eaton (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for Mr Michael Alexander George Eaton. The dispute arose when the Department of Immigration refused to approve the nomination for the position of Database Administrator (ANZSCO 262111). This refusal led to the refusal of Mr Eaton's visa application. The AAT was asked to review the decision regarding the nomination approval.

The primary legal issue before the Tribunal was whether Mr Eaton met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994, specifically concerning the nomination of a position. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal reasoned that the nominating employer, Pinnacle Data Pty Ltd, had applied for approval of the nomination, which was initially refused by the Department. However, on review, the Tribunal set aside the Department's decision and substituted a new decision to approve the nomination. The Tribunal was satisfied that all the conditions stipulated in clause 187.233 were met. Specifically, it found that Pinnacle Data Pty Ltd was the employer and nominator, the nomination had been approved by the Tribunal and not withdrawn, there was no adverse information known to Immigration, the position remained available to Mr Eaton, and the visa application was made concurrently with the nomination.

Consequently, the Tribunal remitted the application for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Department. The Tribunal directed that the first applicant, Mr Michael Alexander George Eaton, meets the criteria under clause 187.233 of Schedule 2 to the Regulations. The applications of the other applicants, who applied as members of Mr Eaton's family unit, will be determined based on the outcome of Mr Eaton's application following this remittal.