Li (Migration)

This matter concerned a review by the Administrative Appeals Tribunal (the Tribunal) of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme) – Direct Entry stream, and a secondary applicant's application. The primary applicant's employer had initially applied for approval of a nomination, which was refused, but this refusal was subsequently set aside by the Tribunal in separate proceedings.

The Tribunal was required to determine whether the primary applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations, specifically concerning the approval of the nomination, and whether the secondary applicant met the criteria under clause 187.311, relating to being a member of the family unit of the primary applicant. The Tribunal also considered the requirements of clause 187.233, including that the nominated position be located in regional Australia, that the employer be the nominator, that the nomination be approved and not withdrawn, that there be no adverse information concerning the nominator or associated persons, that the position remain available, and that the visa application be made within six months of the nomination approval.

The Tribunal found that, following its earlier decision to set aside the refusal of the nomination application and substitute a decision to approve it, the primary applicant now met the requirements of clause 187.233(3). Furthermore, the Tribunal was satisfied that the secondary applicant met the criteria under clause 187.311.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration, directing that the primary and secondary applicants respectively met the specified criteria.