Kennett (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Temporary Residence Transition stream. The primary applicant was a Vehicle Painter, and the dispute centred on whether the nominated position was the subject of an approved nomination. The decision was made by Terrence Baxter, a Member of the Tribunal.

The core legal issue before the Tribunal was to determine whether the applicant met the requirements of clause 187.223 of the Migration Regulations 1994 (Cth), which pertains to the approval of a nomination for a position in the Temporary Residence Transition stream. This clause requires, among other things, that the nomination has been approved, has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information can be disregarded), that the position is located in regional Australia, remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that while the initial nomination application was refused, the nominator subsequently sought review. The Tribunal, on reconsideration, set aside the Department's refusal and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that clause 187.223(2) of the Migration Regulations was satisfied. The Tribunal also noted that the second and third applicants, who applied as members of the first applicant's family unit, would have their applications determined on remittal.

The Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The direction given was that the first named applicant met the criteria under clause 187.223(2) of Schedule 2 to the Migration Regulations 1994 (Cth). The remaining criteria for the visa were to be considered by the Minister upon remittal.