Marrero (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision by the Department of Home Affairs to refuse a nomination application lodged by Knead Patisserie Pty Ltd for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a pastrycook. The primary applicant sought review of the refusal of their visa application, and other applicants sought review on the basis of being members of the primary applicant's family unit.

The Tribunal was required to determine whether the nomination application met the criteria set out in clause 187.233 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal needed to consider whether the nominated position was the subject of an approved nomination, located in regional Australia, and whether the applicant was identified in relation to the position. Further considerations included whether the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was made within six months of the nomination approval.

The Tribunal found that it was able to determine the matter on the papers without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958. It noted that the Department had refused the nomination application on 22 June 2019, and the employer subsequently applied to the Tribunal for review. On 4 October 2022, the Tribunal set aside the primary decision and substituted it with a decision approving the nomination. The Tribunal was therefore satisfied that the nomination had been approved.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first named applicant met the criteria under cl 187.233(3) of Schedule 2. The applications of the other named applicants, as family unit members, would be determined by reference to the outcome of the primary applicant's application upon remittal.