Jamieson (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning Mr William Ivor Jamieson and his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream. The dispute arose after the Department of Immigration initially refused the visa application, which was contingent on the approval of a nomination by the employer, GN Construction (Aust) Pty Ltd. The employer subsequently sought review of the nomination refusal.

The primary legal issue before the Tribunal was whether Mr Jamieson met the requirements of clause 187.223 of the Migration Regulations 1994, specifically concerning the nominated position. This clause requires, among other things, that the nomination has been approved, has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position is located in regional Australia, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that GN Construction (Aust) Pty Ltd's nomination for the position of Carpenter had been approved by the Tribunal and not subsequently withdrawn. It was also satisfied that there was no adverse information known to Immigration regarding the nominator or associated persons. The evidence indicated the nominated position was located in Osborne Park, Western Australia, which is defined as regional Australia, and that the position remained available to Mr Jamieson. Furthermore, the visa application was made concurrently with the nomination application, thus satisfying the six-month timeframe.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mr Jamieson met the criteria under clause 187.223. The Minister was to consider the remaining criteria for the grant of the visa.