Roberts (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The applicant's employer's nomination had been refused, and this refusal was subsequently set aside on review. The decision under review was affirmed by the Tribunal.

The legal issue before the Tribunal was whether the first and second named applicants met the criteria for a Subclass 187 visa, specifically clauses 187.233 and 187.311 of Schedule 2 to the Regulations. Clause 187.233 outlines requirements related to the nominated position, the employer, the approval and non-withdrawal of the nomination, the absence of adverse information, the availability of the position, and the timeframe for the visa application after nomination approval.

The Tribunal, having made certain findings not detailed in the provided text, determined that the appropriate course was to remit the visa application to the Minister for reconsideration. The Tribunal directed that the first and second named applicants were to be considered as meeting the criteria specified in clauses 187.233 and 187.311 of Schedule 2 to the Regulations.