Granado Siegenthaler (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under Subclass 187 (Regional Sponsored Migration Scheme) in the Direct Entry stream. The applicant sought review of a decision concerning the nomination for a Cafe or Restaurant Manager position. The Tribunal, constituted by Senior Member Michael Cooke, ultimately found that the applicant met a specific criterion related to the nomination.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination that satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause, as applicable, stipulated several conditions, including that the nominated position be located in regional Australia, that the nomination identify the applicant (for nominations made on or after 1 July 2017), that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons (or that such information be reasonably disregarded), that the position remain available, and that the visa application be made within six months of the nomination's approval.

The Tribunal's reasoning focused on assessing whether the applicant met clause 187.233. It noted that on 9 October 2020, the Tribunal itself had approved the nomination of CLEAR PATHWAY PTY LTD ATF HORN ENTERPRISES TRUST. Having considered the evidence and the requirements of the clause, the Tribunal concluded that the applicant now met all the stipulated criteria. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.