MATSUURA (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 Restaurant or Café Manager. The applicant, Chiho Matsuura, sought review of a decision concerning the approval of the nomination for her visa application. The decision under review was made by Jennifer Cripps Watts, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of the Migration Regulations 1994, specifically concerning the nomination of the position. This clause requires, among other things, that the position be located in regional Australia, be the subject of an approved nomination, and, where the nomination was made on or after 1 July 2017, identify the applicant in relation to the position.

The Tribunal found that at the time of its decision, the nomination made by Isowa Holdings Pty Ltd for the position of Café or Restaurant Manager for the nominee Chiho Matsuura had been approved. The Tribunal was satisfied that the employer who made the nomination would employ the applicant, the nomination had not been withdrawn, there was no adverse information known to Immigration about the nominator or associated persons, and the position remained available to the applicant. Consequently, the Tribunal concluded that cl.187.233 was met.

Given this finding, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant meets the criteria specified in cl.187.233.