Kim (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision relating to a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The applicant, Mr Kim, sought review of a refusal of his visa application, which was linked to an approved position nomination.

The primary legal issue before the Tribunal was whether there was an approved nomination for the position in question, as required by the relevant migration regulations. This involved considering information that the Department had certified as contrary to the public interest under section 375A of the *Migration Act 1958* (Cth), specifically an allegation made five years prior concerning the applicant's alleged arrangement of illegal work and breach of student visa conditions, and the applicant's prior involvement as a director of a labour hire company.

The Tribunal reasoned that the allegation of arranging illegal work, being unsubstantiated, made over five years ago, and apparently not investigated by the Department, carried no weight in its decision-making process. Similarly, the Tribunal found the information regarding the labour hire company to be irrelevant, given the applicant's prior notification of his involvement. Consequently, the Tribunal set aside the nomination refusal. The Tribunal then remitted the visa application to the Minister for reconsideration, directing that the applicant met the criterion that the Minister had approved the nomination.