SHAFQAT (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision regarding a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The applicant, nominated by Abrolhos Reef Lodge Pty Ltd for the position of Hotel Service Manager, had their nomination initially refused by the Department. The Tribunal was asked to determine whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Regulations, specifically concerning the nomination of the position.

The primary legal issue before the Tribunal was to assess whether the nomination satisfied all the conditions stipulated in cl.187.233. These conditions included that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination had been approved and not withdrawn, that there was no adverse information known to Immigration about the nominator or associated persons, that the position remained available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant met all the requirements of cl.187.233. It noted that the position was the same as in the nomination application, the employer was the nominator, and the nomination had been approved by the Tribunal on 10 September 2020, having previously been refused by the Department. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Furthermore, there was no evidence of adverse information concerning the nominator.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under cl.187.233 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the grant of the visa.