Saini (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a position as a Cook. The applicant was nominated by RFMC Pty Ltd. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position satisfied the criteria set out in clause 187.233. This clause, as applicable, required that the nominated position be located in regional Australia, be the subject of an approved nomination, and that the applicant be identified in relation to the position if the nomination was made on or after 1 July 2017. Further requirements included that the employer be the nominator, the nomination not be withdrawn, no adverse information be known to Immigration about the nominator or associated persons (or such information be disregarded), the position remain available to the applicant, and the visa application be made within six months of the nomination approval.

The Tribunal found that the applicant met all the requirements of clause 187.233. It was satisfied that the position was the same as that in the nomination application, the employer was the nominator, and the nomination had been approved by the Tribunal after setting aside a previous refusal. The Tribunal was also satisfied that there was no adverse information, the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that clause 187.233 had been met.