Grundy (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for the position of Corporate General Manager at Mega Adventure Park Adelaide. The applicant's nomination application had initially been refused by the Department but was subsequently set aside and approved by the Tribunal on merits review. The current matter before the Tribunal concerned the applicant's visa application, which was being considered in light of the approved nomination.

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 criteria, including that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, that the nominator is the prospective employer, that there is no adverse information known to Immigration, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that all elements of clause 187.233 were satisfied. Specifically, it noted that Mega Adventure Park Adelaide made the nomination and would employ the nominee, the nomination had been approved and not withdrawn, no adverse information was known to Immigration, the position remained available, and the visa application was lodged within the prescribed six-month timeframe after the nomination approval. Consequently, the Tribunal concluded that the applicant met this criterion.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets clause 187.233 of Schedule 2 to the Migration Regulations 1994. This means the Minister is to proceed to assess the remaining criteria for the grant of the visa.