Godfrey (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The applicant sought to be employed as a Fitness Centre Manager. The core of the dispute revolved around whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations, which pertains to the nomination of a position. The Administrative Appeals Tribunal (the Tribunal) was tasked with determining this issue.

The Tribunal was required to ascertain if the nominated position met the criteria outlined in clause 187.233. This included verifying that the position was located in regional Australia, was the subject of an approved nomination that had not been withdrawn, and that the applicant was identified in relation to the position where the nomination was made on or after 1 July 2017. Furthermore, the Tribunal had to confirm that the employer was the nominator, that no adverse information was known to the Department of Immigration about the nominator or associated persons, that the position remained available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant had been nominated by Pole & Spin Boutique Fitness Studio Pty Ltd for the Fitness Centre Manager position, and that the employer was indeed the nominator, despite a name change. Crucially, the Tribunal noted that the nomination, initially refused by the Department, had been approved by the Tribunal on 17 July 2020. The Tribunal was satisfied that the nomination had not been withdrawn, the position was still available, and the visa application was made within the prescribed six-month period. No adverse information concerning the nominator was presented. Consequently, the Tribunal concluded that the applicant met all the requirements of clause 187.233.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration, with a specific direction that the applicant meets the criteria under clause 187.233. The Minister would then proceed to consider the remaining criteria for the visa.