Okumura (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 Café or Restaurant Manager. The applicant's nominating employer, DLJ Holdings Pty Ltd, had initially had its nomination refused by the Department. The applicant sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant's nomination for the Café or Restaurant Manager position met the requirements of clause 187.233 of the Migration Regulations 1994. This clause, as applicable, required, among other things, that the position be the subject of an approved nomination in regional Australia, that the nominating person be the prospective employer, that the nomination had been approved and not withdrawn, that there was no adverse information known to Immigration about the nominator or associated persons, that the position remained available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominating employer's application for approval of the nomination had been reviewed by the Tribunal on 1 April 2021, at which point the Department's refusal decision was set aside and the nomination was approved under regulation 5.19(4). Consequently, the Tribunal concluded that clause 187.233 was met. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The application of the second named applicant, as a member of the family unit of the primary applicant, was also remitted for full reconsideration.