Kim (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the occupation of Café or Restaurant Manager. The applicant's prospective employer, Shushi Raft Pty Ltd, had lodged a nomination in respect of the applicant. The Administrative Appeals Tribunal was required to determine whether the nomination met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position was located in regional Australia and whether it was the subject of an approved nomination that met the specific criteria outlined in clause 187.233. This clause requires, among other things, that the nominator is the prospective employer, the nomination has been approved and not withdrawn, there is no adverse information concerning the nominator or associated persons (or such information is reasonable to disregard), the position remains available to the applicant, and the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination for the position of Café or Restaurant Manager met all the requirements of clause 187.233. Specifically, the Tribunal was satisfied that the nominator was the prospective employer, the nomination had been approved and not withdrawn, there was no adverse information or it was reasonable to disregard any such information, the position remained available, and the visa application was lodged within the prescribed timeframe after the nomination's approval. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 187.233.