Lelong (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187. The applicant sought review of a decision that had refused their visa application. The Tribunal's primary focus was on the approval of the nomination for the position of Supply and Distribution Manager.

The central legal issue before the Tribunal was whether the nomination for the applicant's position had been approved, as required by clause 187.233 of the relevant regulations. This clause outlines several conditions, including that the nominated position must be located in regional Australia, that the nominator must be the prospective employer, that the nomination must have been approved and not withdrawn, and that there must be no adverse information known to Immigration, or such information must be reasonable to disregard. Additionally, the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal reasoned that it had previously set aside the Department's refusal decision and substituted its own decision approving the appointment for the nominated position. Based on the evidence presented, the Tribunal was satisfied that the approved position corresponded to the one nominated and declared in the visa application. It also found that the nominator was indeed the prospective employer and that the applicant met the requirements of clause 187.233.

Consequently, the Tribunal found that the visa applicant satisfied the criteria specified in clause 187.233. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant meets the requirements of clause 187.233 for a Subclass 187 visa.