PASSI (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the position nominated by Jagtar Traders Pty Ltd met the criteria set out in clause 187.233 of the Migration Regulations 1994. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal considered the evidence presented, including documentary evidence and testimony from the nominator. It found that Jagtar Traders Pty Ltd was the prospective employer and had made the nomination. The Tribunal was satisfied that the nomination had been approved, not withdrawn, and that the position of Transport Company Manager remained available to the applicant. Furthermore, no adverse information was known to Immigration concerning the nominator or associated persons, and the visa application was made prior to the nomination's approval. The Tribunal concluded that the applicant met all the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 187.233.