OCIEPA (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 a Dental Technician. The applicants sought review of a decision concerning their visa application. The review was conducted by a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the criteria under clause 187.223 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position is located in regional Australia, that the nominator is the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa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 approval.

The Tribunal found that the nominated position was located in Bomaderry, NSW, which is defined as regional Australia. It was satisfied that the nominator, A & T Dental Services Pty Ltd, was the prospective employer, that the nomination had been approved by the Tribunal on 6 December 2019 and not withdrawn, and that no adverse information was known to the Department. The Tribunal also confirmed that the position remained available and that the visa application was made prior to the nomination approval.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 187.223 of Schedule 2 to the Regulations.