Lacsa (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Personal Assistant position. The applicant's nomination had initially been refused by a delegate. The employer, Granstar Global Services Pty Ltd, subsequently lodged an application for review of this refusal with the Tribunal. The Tribunal, constituted by Alison Mercer, was required to determine whether the nomination met the relevant criteria under clause 187.233 of Schedule 2 to the Migration Regulations.

The primary legal issue before the Tribunal was whether the nomination satisfied clause 187.233, which outlines several requirements including that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information concerning the nominator or associated persons (or that such information be disregarded), that the position remain available to the applicant, and that the visa application be lodged within six months of the nomination's approval. The Tribunal also had to consider the implications of the employer's successful review application, which resulted in the nomination being approved after the initial visa refusal.

The Tribunal found that, notwithstanding the initial refusal, the employer's subsequent review application had led to the nomination being approved by the Tribunal on 22 May 2019. Based on the evidence presented, including that from the nomination review case, the Tribunal was satisfied that all sub-clauses of clause 187.233 were met. Specifically, it was established that Granstar Global Services Pty Ltd had made the nomination, continued to employ the applicant, the nomination was now approved and unwithdrawn, no adverse information existed or was reasonably disregarded, the position remained available, and the visa application was made within the prescribed timeframe after the nomination's approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration. The Tribunal directed that for the purposes of this reconsideration, the applicant was to be considered as having met the criteria under clause 187.233 of Schedule 2 to the Regulations.