Ho (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a position as a Café or Restaurant Manager. The applicant sought review of a decision to refuse the visa application, which had been refused by the Department on 30 November 2018.

The primary legal issue before the Tribunal was whether the nomination for the position had been approved, as required by clause 187.233 of the Migration Regulations. This clause outlines several requirements, including that the nominated position must be located in regional Australia, identified in relation to the applicant, and that the nomination itself must have been approved and not subsequently withdrawn. The Tribunal also had to consider whether the nominator was the prospective employer, whether adverse information was known to Immigration, and the timeliness of the visa application relative to the nomination approval.

The Tribunal found that the nomination application met the requirements of clause 187.233. It was satisfied that the approved position was the same as that nominated and declared in the visa application, and that the nominator was the prospective employer. Crucially, the Tribunal determined that, in light of its own approval of the appointment under a related regulation, the visa applicant now met the requirements of clause 187.233(3), which pertains to the Minister's approval of the nomination.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to have met the requirements of clause 187.233.