Rattenberry (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream. The applicant sought to have their visa application reconsidered after a decision by the Department of Immigration.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria for the nomination of a position for a Subclass 187 visa, including that the nominated position must have been approved, the nominator must be the prospective employer, the nomination must not have been withdrawn, there must be no adverse information known to the Department about the nominator or associated persons, the position must remain available, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that on 27 April 2017, it had set aside a previous Departmental decision and substituted a decision approving the nomination of the applicant by FN 63 Pigs Pty Ltd. Consequently, the Tribunal concluded that clause 187.233(3) of the Regulations was met. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for the visa.