GILL (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, concerning the position of Office Manager. The applicant sought review of a decision relating to their visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions that must be satisfied for a nomination to be approved, including that the nominated position is located in regional Australia, the nominator is the prospective employer, the nomination has been approved and not withdrawn, there is no adverse information concerning the nominator or associated persons, the position remains available to the applicant, and the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant satisfied clause 187.233. It noted that the nomination had been approved by a previous Tribunal decision and that the applicant had been working in the position since January 2018. The Tribunal was satisfied that the nominator was the prospective employer, the nomination had not been withdrawn, and there was no adverse information or that any such information was reasonable to disregard. Crucially, the Tribunal determined that the position remained available to the applicant and that the visa application was made within the prescribed timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.