Paterniti (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 the position of Café or Restaurant Manager. The applicant was nominated by Messineo Holdings Pty Ltd. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause pertains to the nomination of a position in regional Australia, requiring that the nominated position be the subject of an approved nomination, that the employer making the nomination is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available to the applicant,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 found that the nomination by Messineo Holdings Pty Ltd for the Café or Restaurant Manager position met the requirements of clause 187.233. This was based on the Tribunal's prior decision to set aside the Department's refusal and approve the nomination. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Furthermore, there was no evidence of adverse information concerning the nominator or associated persons.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 187.233. The application of the second named applicant, who applied as a member of the first applicant's family unit, will be determined in accordance with the outcome of the first applicant's application upon remittal.