Sembucutti Arachchige (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 the position of Retail Manager (General) at a Zambrero restaurant in Traralgon, Victoria. The nomination was made by Traralgon Z Pty Ltd. The Administrative Appeals Tribunal (AAT) 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 nomination for the position met all the stipulated criteria under clause 187.233. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department of Immigration, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the position of Retail Manager (General) at the Traralgon Zambrero restaurant met the requirements of clause 187.233. It noted that the nomination application had been refused by the Department but subsequently approved by the Tribunal on merits review. The Tribunal was satisfied that Traralgon Z Pty Ltd would employ the nominee, the nomination was approved and not withdrawn, no adverse information was known, the position was still available, and the visa application was made within the prescribed six-month period after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the requirements of clause 187.233. The Minister is to consider the remaining criteria for the visa.