Lama (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 cook. The applicant's employer, Terrigal Operations Pty Ltd, had applied for approval of a nominated position. The Department of Immigration refused to approve this nomination. The employer sought review of that decision before the Tribunal.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause, as applicable, required that the position be the subject of an approved nomination in regional Australia, that the nomination identify the applicant in relation to the position, that the nominating person be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration or that such information be disregarded, that the position remain available, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the employer's application for approval of the nominated position of Cook had been refused by the Department. However, on review, the Tribunal had set aside that refusal on 5 October 2023 and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that the first named applicant met the criterion under cl.187.233(3) as the relevant nomination had been approved.

Given these findings, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria for the visa, including those pertaining to the secondary applicant. The Tribunal directed that the first named applicant met the criterion specified in cl.187.233(3).