RANIEL (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream. The applicant sought review of a decision to refuse the employer's nomination application.

The Tribunal was required to determine whether the applicant met several criteria for the visa, including licensing, registration, and membership requirements, whether employment would be provided as nominated, whether the applicant had contravened specific provisions of the Act relating to sponsorship, and whether the applicant met the age and English language proficiency requirements. The Tribunal also considered the criteria relating to the nomination of a position under clause 187.223 of Schedule 2 to the Regulations.

The Tribunal found that clause 187.211 was not applicable as there was no evidence of mandatory licensing for a carpenter in the Northern Territory. It was satisfied that clause 187.212 was met, and that the applicant had not engaged in conduct contravening the Act under clause 187.212A. The applicant met the age requirements under clause 187.221, having been under 50 at the time of application. Furthermore, the Tribunal accepted evidence demonstrating the applicant's vocational English proficiency under clause 187.222.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria specified in clause 187.223 of Schedule 2 to the Regulations.