Linehan (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream, for a bricklayer. The applicant's employer, Brajkovich Demolition & Salvage Pty Ltd, had made a nomination in relation to the applicant. The dispute before the Tribunal was whether the applicant met the requirements of clause 187.223 of the Migration Regulations.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 187.223, which outlines the criteria for an approved nomination in the Temporary Residence Transition stream. This clause requires, among other things, that the nominated position is the subject of an approved nomination that identifies the visa applicant, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position is located in regional Australia, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the employer's nomination, initially refused by the Department, had subsequently been approved by the Tribunal on 24 June 2020, setting aside the Department's earlier decision. As the nomination was now approved and identified the applicant, and given that the applicant had applied for the visa on the basis of this nomination, the Tribunal concluded that the applicant met the requirements of clause 187.223(2). Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the first named applicant met the criteria under clause 187.223(2), and that the remaining criteria for both the first and second named applicants should be reconsidered.