Jatana (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for Mr Jatana, who was nominated for the position of Cook by Daman Enterprises Pty Ltd. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the nominated position of Cook met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria, including that the position must be the subject of an approved nomination in the Direct Entry stream located in regional Australia, that the nominator must be the prospective employer, that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), that the position must remain available to the applicant, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the nominated position of Cook with Daman Enterprises Pty Ltd met the requirements of clause 187.233. Specifically, the Tribunal was satisfied that Daman Enterprises Pty Ltd was the prospective employer, that no adverse information was known to Immigration, that the position remained available, and crucially, that the visa application was made before the nomination was approved. The Tribunal noted that the nomination itself was approved on 6 December 2021 and had not been withdrawn.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister. The Tribunal directed that the primary applicant, Mr Jatana, met the criteria under clause 187.233. The Tribunal also recommended that the applications of the secondary applicants, who were unable to meet their requirements due to the primary applicant's initial failure to meet clause 187.233, be reconsidered now that this criterion has been satisfied.