Hug (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Personal Assistant position. The applicant sought review of a decision concerning the approval of the nomination. The Tribunal, presided over by Keith Kendall, was required to determine whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Regulations.

The central legal issue was whether the applicant was the subject of an approved nomination that had not been withdrawn, and whether the nominated position remained available to the applicant. This involved assessing several sub-criteria within cl.187.233, including that the employer making the nomination was the person who would employ the applicant, that the nomination had been approved and not withdrawn, that there was no adverse information known to Immigration about the nominator or associated persons, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that, after receiving further information from the nominating employer, including oral evidence, the primary decision should be set aside. The Tribunal was satisfied that all the requirements of cl.187.233 were met, including that the position was still available to the applicant and that the visa application was lodged within the prescribed timeframe following the nomination's approval. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the applicant met the criteria under cl.187.233.