Quayle (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Direct Entry stream of the Subclass 187 visa. The applicant sought review of a decision concerning the approval of a nomination for the position of Safety Inspector. The Tribunal, constituted by Amanda Mendes Da Costa, was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations.

The central legal issue before the Tribunal was whether the nominated position met the criteria outlined in clause 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things, that the position be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, that the nominator is the prospective employer, that there is no adverse information known to the Department about the nominator or associated persons (or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 lodged within six months of the nomination's approval.

The Tribunal found that the nominator, Wilson Brewing Company, had initially had its nomination application refused, but this decision was subsequently set aside by the Tribunal, which then substituted its own decision to approve the nomination. Based on the evidence, the Tribunal was satisfied that all the requirements of clause 187.233 were met, including the employer being the nominator, the nomination being approved and not withdrawn, the absence of adverse information, the continued availability of the position, and the timely lodgement of the visa application. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met clause 187.233.