Piccinini (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 was nominated by Romagna Mia Pty Ltd for the position of Cook. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994, which pertains to the nomination of a position.

The Tribunal was tasked with assessing whether the nominated position was located in regional Australia, was the subject of an approved nomination that had not been withdrawn, and if the applicant was identified in the nomination where applicable. Further considerations included whether the employer was the nominator, if there was any adverse information known to Immigration about the nominator or associated persons, whether the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval. The Tribunal noted that the Department had initially refused the nomination, but a previous Tribunal decision had set aside that refusal and substituted a decision to approve the nomination.

The Tribunal found that the applicant met all the requirements of clause 187.233. It was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Crucially, the Tribunal considered that it was reasonable to disregard adverse information concerning the early termination of employment of a previous nominee, as detailed in the delegate's decision to refuse the nomination. Having found that the applicant met the nomination criteria, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.