RODRIGUES DO PRADO (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Massage Therapist. The applicant, Mr Fernando Rodriques Do Prado, sought review of a decision concerning his visa application. His spouse, Mrs Gabriela Brandao Siciliano Do Prado, applied as a member of his family unit. The Tribunal, constituted by Member Karen McNamara, was required to determine whether the applicant met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994.

The central legal issue was whether the nominated position met the criteria outlined in clause 187.233(3). This clause requires, among other things, that the nominated position be located in regional Australia, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or it is reasonable to disregard such information), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered the implications of a prior decision by the Tribunal itself to approve the nomination after the Department had initially refused it.

The Tribunal found that the applicant satisfied clause 187.233(3). This conclusion was based on the fact that the nominating employer, JA6 Pty Ltd, had its nomination for the Massage Therapist position approved by the Tribunal on 18 June 2020, after the Department's initial refusal. The Tribunal noted that the nomination was approved under regulation 5.19 of the Regulations. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The application by Mrs Do Prado would be determined by reference to the outcome of Mr Do Prado's application.