Rogers (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant was nominated by Perth Business Relocations for the position of Transport Company Manager. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the relevant regulations.

The primary legal issue before the Tribunal was whether the nominated position met the criteria set out in clause 187.233, which included requirements that the position be located in regional Australia, be the subject of an approved nomination that had not been withdrawn, that the nominator be the prospective employer, that there be no adverse information known to Immigration about the nominator or associated persons (or that such information be disregarded), that the position remain available to the applicant, and that the visa application be made within six months of the nomination approval. The Tribunal also considered the status of secondary applicants who applied as members of the first applicant's family unit.

The Tribunal reasoned that the nominated position was the same as that in the nomination application, and the employer was the nominator. It noted that the Department had initially refused the nomination, but the Tribunal had previously set aside that refusal and approved the nomination on 12 November 2019. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the six-month timeframe. Furthermore, there was no evidence of adverse information concerning the nominator or associated persons. Consequently, the Tribunal found that the applicant met all the requirements of clause 187.233.

The Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 187.233. The applications of secondary applicants would be determined by reference to the outcome of the first applicant's application upon remittal.