Foo (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa. The applicant's employer, Covino Farms Pty Ltd, had lodged a nomination for the applicant for the position of Primary Products Inspector (nec). The Administrative Appeals Tribunal (AAT) was required to determine whether the nomination met the criteria set out in cl.187.233 of Schedule 2 to the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was whether the nomination, which had been subject to a previous refusal and subsequent review, now satisfied all the requirements of cl.187.233. This included whether the nominating employer continued to employ the applicant, the nomination had been approved and not withdrawn, there was no adverse information concerning the nominator or associated persons, the position remained available, and the visa application was lodged within six months of the nomination's approval.

The Tribunal found that Covino Farms Pty Ltd had lodged the original nomination and continued to employ the applicant. Crucially, the Tribunal noted that its own previous decision on 17 November 2017 had set aside the Department's refusal and substituted a decision to approve the nomination. Based on this and other evidence, the Tribunal was satisfied that all the conditions stipulated in cl.187.233 were met.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.187.233 for a Subclass 187 (Regional Sponsored Migration Scheme) visa.