Labine (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The primary applicant sought review of a decision concerning the approval of a nominated position, with other applicants included as members of the family unit. The Administrative Appeals Tribunal (AAT) considered whether the primary applicant satisfied clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233, which mandates that the position be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the applicant be identified in relation to the position if the nomination was made on or after 1 July 2017. Further considerations included whether the nominator would employ the applicant, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that on 23 January 2021, it had set aside the Department's refusal of the nomination application and substituted a decision to approve the nomination. Evidence indicated that the original nominator intended to employ the applicant in the nominated regional position and that the visa application was made within the prescribed timeframe. Crucially, no adverse information was presented regarding the nominator. Consequently, the Tribunal found that clause 187.233 was satisfied by the applicant.

The Tribunal remitted the visa application for reconsideration by the Minister, directing that the first named applicant meets clause 187.233. The applications of the second, third, fourth, and fifth named applicants, who applied as family members, were to be determined by reference to the outcome of the primary applicant's reconsidered application.