Ruth (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), for the first applicant, with the second applicant seeking a visa as a member of the first applicant's family unit. The dispute arose from the refusal of the nomination application for the first applicant's position. The Administrative Appeals Tribunal (AAT) was required to determine whether the criteria for the visa, specifically clause 187.233, were met.

The Tribunal considered the requirements of clause 187.233, which mandates that the nominated position be located in regional Australia, that the employer who made the nomination continues to employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, or that any such information is reasonable to disregard, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal found that the employer, Red Rock Leisure Pty Ltd, had lodged a review application concerning the refusal of its nomination, and that the AAT had subsequently set aside the refusal and approved the nomination.

Applying these findings to the evidence, the Tribunal was satisfied that all subclauses of clause 187.233 were met. Specifically, the Tribunal confirmed that Red Rock Leisure Pty Ltd made the nomination, continues to employ the applicant, the nomination was approved and not withdrawn, no adverse information was known or was reasonable to disregard, the position remained available, and the visa application was lodged within the prescribed timeframe. Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration, directing that the first applicant meets the criteria under clause 187.233. The outcome for the second applicant, as a family unit member, is contingent on the reconsideration of the first applicant's visa application.