RANI (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 a Retail Manager (General). The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied the specific criteria outlined in cl.187.233, which included requirements relating to the nominated position, the nominator's identity, the approval and currency of the nomination, the absence of adverse information concerning the nominator, the continued availability of the position, and the timing of the visa application relative to the nomination approval.

The Tribunal found that the applicant met the requirements of cl.187.233. It was satisfied that the nominated position was located in regional Australia, that the nominator was the prospective employer, and that the nomination had been approved and not withdrawn. The Tribunal also found that the position remained available to the applicant and that the visa application was made within the six-month timeframe after the nomination's approval. Furthermore, the Tribunal was not aware of any adverse information concerning the nominator or associated persons.

Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration of the remaining criteria, with a specific direction that the applicant had met the requirements of cl.187.233.