Guo (Migration)

The Administrative Appeals Tribunal considered the applications of the applicant and secondary applicants for Regional Employer Nomination (Permanent) (Class RN) visas, specifically the Subclass 187 (Regional Sponsored Migration Scheme) visa under the direct entry stream. The primary dispute concerned whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Regulations, which relates to the nominated position of Café or Restaurant Manager. The secondary applicants' eligibility was contingent on the primary applicant being granted a Subclass 187 visa.

The Tribunal was required to determine if the nominated position met the criteria outlined in cl.187.233, including whether the position was located in regional Australia, was the subject of an approved nomination, and if the applicant was identified in relation to that position. Further, the Tribunal had to assess whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination's approval. The Tribunal also had to consider the requirements for secondary applicants under cl.187.311.

The Tribunal found that the Nominator was the entity that would employ the applicant, and that the nomination for the position of Café or Restaurant Manager had been approved on 28 March 2022 and had not been withdrawn. It was also satisfied that the position remained available to the applicant and that the visa application was made prior to the six-month deadline following the nomination approval. The Tribunal was not aware of any adverse information regarding the nominator or associated persons. However, because the secondary applicants' eligibility depended on the primary applicant holding a Subclass 187 visa, which had not yet been granted, the Tribunal could not make a positive finding for them.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The direction was that the first named applicant met the criteria under cl.187.233 of Schedule 2 to the Regulations, and that the applications of the secondary visa applicants should also be reconsidered by a delegate of the Minister.