JACQUOT (Migration)

This matter concerned an appeal by the applicant, Jacquot, against a decision of the Minister to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under Subclass 187 (Regional Sponsored Migration Scheme) in its Direct Entry stream. The decision under review was made by the Minister, and the appeal was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the employer's nomination application met the relevant criteria for the visa. Specifically, the Tribunal was required to determine if the nomination had been approved by the Minister and if there was any adverse information concerning the nominator that could not be disregarded.

The Tribunal found that the employer's nomination application met the criteria set out in clause 187.233(3) of Schedule 2 to the Regulations. Having made this finding, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant be considered to meet the criteria specified in clause 187.233(3).