Murtagh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa. The applicant's employer, Trustee for A Rodgers & D Witherow Family Trust (trading as the Bremer Bay General Store), had lodged a nomination for the applicant to fill the position of Retail Manager (General). The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria under cl.187.233 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the applicant's nominated position satisfied the requirements of cl.187.233. This involved assessing whether the employer who made the nomination continued to employ the applicant, whether the nomination had been approved and not withdrawn, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and whether the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the employer had lodged a review application concerning the refusal of its nomination, and that the AAT had subsequently set aside the refusal and approved the nomination. Based on the evidence, the Tribunal was satisfied that the employer continued to employ the applicant, the nomination was approved and unwithdrawn, there was no adverse information, the position remained available, and the visa application was made within the prescribed timeframe. Consequently, the Tribunal concluded that cl.187.233 was met.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.187.233 of Schedule 2 to the Regulations.