Gianola (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 the position of Café or Restaurant Manager. The applicant was nominated by Romagna Mia Pty Ltd. The Administrative Appeals Tribunal, constituted by Member Nicola Findson, was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the nomination met the criteria set out in clause 187.233, which included requirements that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons, or that such information be reasonable to disregard, that the position remain available to the applicant, and that the visa application be made within six months of the nomination approval. The Tribunal also considered whether it was reasonable to disregard adverse information concerning the early termination of employment of a previous nominee.

The Tribunal found that the nominated position and the nominator were correctly identified, and that the nomination, initially refused by the Department, had been approved by the Tribunal in a prior decision. It was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Crucially, the Tribunal determined that it was reasonable to disregard the adverse information regarding the previous nominee, as detailed in its earlier decision to approve the nomination. Consequently, the Tribunal concluded that the applicant met all the requirements of clause 187.233.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 187.233 of Schedule 2 to the Migration Regulations. This direction allows the Minister to proceed with assessing the remaining criteria for the grant of the visa.