MEHRA (Migration)

The Administrative Appeals Tribunal considered a Regional Employer Nomination (Permanent) (Class RN) visa application, Subclass 187, Direct Entry stream, for a Wine Maker. The applicant sought review of a decision to refuse the visa, which stemmed from the nomination not being approved. The Tribunal was tasked with determining whether the nomination met the relevant criteria under clause 187.233 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the nomination for the Wine Maker position satisfied the requirements of clause 187.233. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination application, and that the nominator must be the prospective employer. Further requirements include that the nomination has not been withdrawn, there is no adverse information known to the Department, the position remains available, and the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominated position was indeed the same as that declared in the visa application and that the prospective employer was the nominator. Crucially, the Tribunal, relying on its previous findings in a related nomination application, determined that the nomination had been approved and met the requirements of clause 187.233. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied clause 187.233.