Harijan (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Harijan, concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision that they were not the subject of an approved nomination as required by clause 187.233(3) of the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant had been the subject of an approved nomination for the position of Cook, as stipulated by clause 187.233(3). This clause requires that the nominated position be located in regional Australia, that the applicant be identified in the nomination application (if made on or after 1 July 2017), and that the nominator be the prospective employer and that the nomination has been approved.

The Tribunal reasoned that the initial nomination lodged by the Nominator was refused on 12 March 2019, and the applicant was advised accordingly. Subsequently, the delegate determined the applicant did not meet the requirements of clause 187.233(3). However, on 7 April 2022, the Tribunal set aside the Department's decision to refuse the nomination and substituted a decision approving it. Consequently, the Tribunal was satisfied that the applicant was now subject to an approved nomination and met the requirements of clause 187.233(3).

Given these findings, the Tribunal remitted the visa applications for the first and second named applicants to the Minister for reconsideration, with a direction that the first named applicant meets the criteria under clause 187.233(3) of Schedule 2 to the Regulations.