Lau (Migration)

This matter concerned an application for review by P & T Marciano Magic Pty Ltd of a decision not to approve a nomination for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The review was heard by Vanessa Plain, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl 187.233 of Schedule 2 to the Migration Regulations 1994, which pertains to the nomination of a position for the visa. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant satisfied cl 187.233. This conclusion was based on the Tribunal's prior decision (AAT case 1826525) to set aside the Department's decision and substitute a new decision approving the nomination. The Tribunal confirmed that P & T Marciano Magic Pty Ltd was the nominator and prospective employer, the nomination was current, the position was available, and no adverse information was known. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.