Potts (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa application under the Subclass 187 Direct Entry stream for the position of Cook. The applicant sought review of a decision by the Department of Immigration to refuse their visa application. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically focusing on the nomination requirements.

The primary legal issue before the Tribunal was whether the nomination for the position of Cook had been approved and remained valid, and whether the position was still available to the applicant. This involved assessing whether the nominated position was the same as that declared in the visa application, whether the nominator was the prospective employer, and whether the nomination had been approved and not withdrawn. The Tribunal also considered the requirement that the position be located in regional Australia and that the visa application be lodged within six months of the nomination's approval.

The Tribunal reasoned that it had previously set aside the Department's decision and substituted a decision approving the appointment for the position of Cook. Based on the evidence presented, the Tribunal was satisfied that the approved position corresponded to the one nominated and declared in the visa application, and that the prospective employer was the nominator. Crucially, the Tribunal found that the nomination had been approved and that the position remained available to the applicant, thereby satisfying the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the requirements of clause 187.233.