Fiorini (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Music Teacher (Private Tuition). The applicant sought review of a decision to refuse the visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the nomination for the position had been approved, as this was a key criterion for the visa.

The Tribunal considered clause 187.233 of the Migration Regulations, which outlines the requirements for a nominated position. These include that the position must be the subject of an approved nomination, located in regional Australia, and that the nominator must be the prospective employer. The clause also specifies conditions regarding the identification of the applicant in the nomination, the absence of adverse information, the continued availability of the position, and the timeframe for the visa application after nomination approval.

The Tribunal found that the position of Music Teacher (Private Tuition) met the requirements of clause 187.233. It relied on its previous findings in a related nomination application, where it had set aside the Department's refusal and substituted a decision approving the appointment for the position. The Tribunal was satisfied that the approved position was the same as that nominated and declared in the visa application. Consequently, the Tribunal determined that the visa applicant met the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations.