LIAO (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) visa (Subclass 187) by an applicant, referred to as the review applicant, whose nomination was made by ABC Poultry Farm Pty Ltd. The dispute before the Tribunal was whether the applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994, specifically concerning the approval of the nomination.

The primary legal issue before the Tribunal was to determine if the applicant satisfied all the criteria stipulated in clause 187.233(3) for a Subclass 187 visa under the direct entry stream. This involved assessing whether the nominated position was approved, whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the nominator, ABC Poultry Farm Pty Ltd, had made a valid nomination for the occupation of Marketing Specialist, which was approved by the Tribunal on 30 August 2018 and had not been withdrawn. The Tribunal was satisfied that no adverse information was known to Immigration regarding the nominator or associated persons, as defined by regulations 1.13A and 1.13B. Furthermore, the Tribunal was satisfied that the nominated position remained available to the applicant on the terms outlined in the employment contract and that the visa application was made within the six-month timeframe following the nomination approval. Consequently, the Tribunal concluded that clause 187.233 was met.

The Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration, with a direction that the first named applicant meets the criteria in clause 187.233 of Schedule 2 to the Regulations.