Lozano Pradilla (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of the Department's refusal to approve a nomination for the position of Sales and Marketing Manager.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. This clause outlines various criteria for the approval of a nomination, including that the position must be located in regional Australia, identified in the nomination, and that the nominator is the prospective employer. It also requires that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant satisfied clause 187.233. It noted that the nominator, Mr Rick Masterton of Master Cleaners (Aust.) Pty Ltd, was also the prospective employer and had signed the employment contract. The Tribunal confirmed that the nomination had been approved by the Department and not subsequently withdrawn, and that no adverse information was before it. Furthermore, the Tribunal was satisfied that the position remained available to the applicant and that the visa application, lodged on 19 February 2018, was made within the six-month timeframe following the nomination's approval.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the primary applicant met the criteria under clause 187.233.