Lei (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 the position of Café or Restaurant Manager. The applicant was nominated by YLK Pty Ltd. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was the interpretation and application of cl.187.233, which sets out the criteria for the nomination of a position in the Direct Entry stream. This included requirements relating to the location of the position in regional Australia, the identity of the nominator and employer, the approval and non-withdrawal of the nomination, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and the timeframe between nomination approval and visa application.

The Tribunal found that the applicant met all the requirements of cl.187.233. It noted that the nomination, initially refused by the Department, had been approved by the Tribunal on 19 June 2019. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was made within six months of the nomination approval. Furthermore, there was no evidence of adverse information known to the Department concerning the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in cl.187.233. The Minister is to consider the remaining criteria for the grant of the visa.