Pearce (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 Hotel or Motel Manager. The applicant was nominated by RFMC Pty Ltd. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position met the criteria set out in clause 187.233, which included requirements relating to the nomination application, the employer, the approval and currency of the nomination, the absence of adverse information, the availability of the position, and the timing of the visa application relative to the nomination approval. The Tribunal also considered whether the applicant met the specific requirements of subclauses 187.233(1) through (6), including that the position was nominated in accordance with the regulations, the employer was the nominator, the nomination had been approved and not withdrawn, there was no adverse information or it was reasonable to disregard it, the position remained available, and the visa application was made within six months of the nomination approval.

The Tribunal reasoned that the nomination had been approved by the Tribunal on 29 September 2020, setting aside a prior refusal by the Department. It was satisfied that the nomination had not been withdrawn, the position was still available, and the visa application was made within the prescribed timeframe. Furthermore, there was no evidence of adverse information known to the Department concerning the nominator. Consequently, the Tribunal found that the applicant met all the requirements of clause 187.233.

The Tribunal remitted the application for a Regional Employer Nomination (Permanent) (Class RN) visa for reconsideration by the Minister, with the direction that the applicant meets clause 187.233 of Schedule 2 to the Regulations.