Kunst Barcellos (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Restaurant Manager. The applicant was the nominee, and a second applicant sought to join the application as a member of the family unit. The primary dispute before the Tribunal was whether the nomination application met the relevant legislative criteria, specifically concerning the identity of the nominator and the approval of the nomination.

The Tribunal was required to determine whether the position nominated was the subject of an approved nomination in accordance with clause 187.233 of the Regulations. This involved assessing whether the applicant was identified in relation to the position, whether the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the nomination application, initially lodged by a partnership, was supported by documents relating to Ms. Jemma Osmond Dreyer as a sole trader. Ms. Osmond Dreyer provided statements and evidence that the partnership name was a clerical error and that she personally operated the business and nominated the position. The Tribunal accepted this explanation as a genuine error without intent to mislead. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the first named applicant met the criteria under clauses 187.233(2) and 187.233(3) of Schedule 2 to the Regulations. The second applicant's application would also be determined upon remittal.