Long (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Solid Plasterer. The applicant was nominated by Tom Veale Plastering. The Administrative Appeals Tribunal, constituted by Member Nicola Findson, was required to determine whether the applicant met the requirements of cl.187.233 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position met the criteria set out in cl.187.233, which, among other things, requires the position to be located in regional Australia, to be the subject of an approved nomination, and for the applicant to be identified in the nomination if made on or after 1 July 2017. The Tribunal also had to consider whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information known to the Department concerning the nominator or associated persons, and if the position remained available to the applicant within six months of the nomination's approval.

The Tribunal found that the applicant met all the requirements of cl.187.233. It was satisfied that the nomination had been approved by the Tribunal on 24 June 2019, had not been withdrawn, and the position remained available. The Tribunal also found that the visa application was made within six months of the nomination approval and that there was no adverse information known to Immigration about the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in cl.187.233 of Schedule 2 to the Regulations.