Kaur (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream. The applicant sought review of a decision relating to a nomination for a Banana Inspector position.

The primary legal issue before the Tribunal was whether an approved nomination existed in respect of the applicant, as required by clause 187.223 of Schedule 2 to the Migration Regulations. This clause necessitates that the nominated position be the subject of an approved nomination application that identifies the visa applicant, has not been withdrawn, and for which no adverse information is known to the Department of Immigration or can be reasonably disregarded. Further requirements include the position being located in regional Australia, remaining available to the applicant, and the visa application being made within six months of the nomination's approval.

The Tribunal found that the requirements of clause 187.223 had been met. It noted that the nomination was approved on 6 February 2019 and had not been withdrawn. The Tribunal was not aware of any adverse information concerning the nominator or associated persons. The position was confirmed to be located in Bombeeta, Queensland (postcode 4871), which falls within the definition of regional Australia. The position was also found to be still available to the applicant, and the visa application was made prior to the nomination's approval.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The Tribunal directed that the first named applicant met the criteria under clause 187.223 of Schedule 2 to the Regulations.