Kuzma (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Cook. The applicant's nominating employer sought review of the Department's refusal to approve the nomination. The Tribunal was required to determine whether the applicant met the criteria under clause 187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233(3), which requires that the Minister has approved the nomination. This clause, in conjunction with other subclauses of 187.233, necessitates that the nominated position is located in regional Australia, the nominator is the prospective employer, the nomination has been approved and not withdrawn, there is no adverse information concerning the nominator or associated persons (or such information is reasonable to disregard), the position remains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 lodged within six months of the nomination's approval.

The Tribunal found that the applicant met the requirements of clause 187.233. It noted that the nomination for the Cook position had been approved by the Department and had not been withdrawn. Furthermore, the Tribunal was satisfied that there was no adverse information regarding the nominators and that the employment contract demonstrated the position remained available to the applicant. The visa application was lodged within the prescribed six-month period following the nomination approval.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.