Puri (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 occupation of Hairdresser. The applicant’s prospective employer, Style and Smile Beauty Pty Ltd, had lodged a nomination application. The Tribunal was required to determine whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the nominated position for a Hairdresser met the criteria outlined in cl.187.233. This clause requires, among other things, that the position be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, that the nominator is the prospective employer, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the evidence before it satisfied all the requirements of cl.187.233. Specifically, it was established that the nominator was the prospective employer, the nomination had been approved and not withdrawn, there was no adverse information or it was reasonable to disregard it, the position was still available, and the visa application was lodged within the specified timeframe. Consequently, the Tribunal concluded that the first named applicant met the primary criteria for the visa.

Given these findings, the Tribunal remitted the visa applications for reconsideration by the Minister. The direction was that the first named applicant meets the criteria under cl.187.233 of Schedule 2 to the Regulations, and the applications of the second and third named applicants, as family unit members, should also be reconsidered.