Scalabrini (Migration)

The Administrative Appeals Tribunal considered a dispute concerning a Regional Employer Nomination (Permanent) (Class RN) visa application, specifically under the Subclass 187 Direct Entry stream for a Cook. The primary applicant sought review after the Department of Home Affairs refused to approve the nomination for the position.

The central legal issue before the Tribunal was whether the nomination for the position met the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates that the position be located in regional Australia, be the subject of an approved nomination that identifies the applicant, and that the nominator is the prospective employer, among other conditions. The Tribunal also considered the application of a second applicant who applied as a member of the primary applicant's family unit.

The Tribunal reasoned that while the Department had initially refused the nomination, this decision was subsequently set aside by the Tribunal on 12 January 2022, and a decision to approve the nomination was substituted. This approval meant that clause 187.233(3) of the Regulations was satisfied. Consequently, the Tribunal determined that the matter should be remitted to the Minister for reconsideration of the remaining visa criteria for both the primary applicant and their family member.