LIEU (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream, for the position of Cook. The applicant was nominated by The Trustee for Nghi Ngan Quan Trust. The Administrative Appeals Tribunal, constituted by Member Nicola Findson, was required to determine whether the applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the nomination met all the requirements of clause 187.233. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the employer making the nomination is the prospective employer of the applicant. Furthermore, it requires that there be no adverse information known to Immigration about the nominator or associated persons, or that any such information be reasonable to disregard. The clause also stipulates that the position must remain available to the applicant and that the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the nomination, initially refused by the Department, had been approved by the Tribunal on review on 19 August 2022. It was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Crucially, the Tribunal was also satisfied that there was no adverse information known to Immigration concerning the nominator or associated persons. Consequently, the Tribunal concluded that clause 187.233 was met.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.