Jago (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Carpenter. The applicant sought review of a decision that had previously refused their visa application. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations.

The primary legal issue before the Tribunal was whether the nomination for the position of Carpenter had been approved, as required by clause 187.233(3). This clause, along with others detailed in the decision, outlines the requirements for a valid nomination, including that the position must be nominated in an application meeting specific regulatory requirements, that the employer must be the nominator, that the nomination must be approved and not withdrawn, that there must be no adverse information known to Immigration or such information must be disregarded, that the position must remain available, and that the visa application must be made within six months of the nomination approval.

The Tribunal found that the position nominated was the same as that subject to the relevant nomination application and the visa application declaration, thus satisfying clause 187.233(1). It also found that the employer was the nominator, meeting clause 187.233(2). Crucially, the Tribunal determined that, based on its prior decision of 13 June 2019, which set aside the Department's refusal and substituted a decision approving the appointment for the position of Carpenter, the nomination had been approved. Consequently, the Tribunal concluded that the visa applicant met the requirements of clause 187.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the first applicant met the criteria specified in clause 187.233.