Jaffare (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the Direct Entry stream. The applicant’s visa application had been refused following the refusal of the employer nomination by the Department of Immigration. The employer, Premier Metals Pty Ltd, sought review of the nomination refusal before the Tribunal. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position.

The central legal issue was whether the nominated position met the criteria stipulated in clause 187.233. This clause requires, among other things, that the position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal reasoned that the employer nomination, initially refused by the Department, was subsequently approved by the Tribunal on 29 July 2019. The Tribunal was satisfied, based on the evidence before it, that Premier Metals Pty Ltd was the nominator and prospective employer, the nomination had been approved and not withdrawn, and there was no adverse information concerning the nominator. Furthermore, the nominator confirmed the position remained available, and the visa application was made concurrently with the nomination, thus satisfying the time limit. Consequently, the Tribunal found that the requirements of clause 187.233 were met.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233.