Jayakashi (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 a cook. The applicant’s visa application was before the Administrative Appeals Tribunal (the Tribunal) for review following a refusal. The central issue was whether the applicant met criterion cl 187.233 of Schedule 2 to the Regulations, which pertains to the nomination of a position.

The Tribunal was required to determine if the nominated position met the requirements of cl 187.233, including that the position be located in regional Australia, be the subject of an approved nomination that identifies the applicant, and that the nominator is the prospective employer. Further, the Tribunal had to consider whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that a prior decision by the Tribunal had set aside the initial refusal of the nomination application and substituted a decision approving the nomination. Based on this, the Tribunal found that the nominator was the prospective employer, the nomination had been approved and not withdrawn, and there was no adverse information to consider. The Tribunal was also satisfied that the position remained available and that the visa application was made within the prescribed timeframe. Consequently, the Tribunal concluded that criterion cl 187.233 was met.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets criterion cl 187.233 of Schedule 2 to the Regulations.