Sharn (Migration)

The Administrative Appeals Tribunal considered a Regional Employer Nomination (Permanent) (Class RN) visa application, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for an applicant seeking to work as a Cook. The applicant's case was brought before the Tribunal for review.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria, including that the nominated position must be located in regional Australia, the nomination must have been approved and not withdrawn, there must be no adverse information concerning the nominator or associated persons, the position must remain available to the applicant, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the applicant's nominated position as a Cook was the subject of an approved nomination by the employer, the Nominator. The Tribunal was satisfied that the Nominator was the prospective employer, the nomination had been approved on 5 March 2021 and not withdrawn, and the position remained available to the applicant. Furthermore, the Tribunal noted that no adverse information was known to Immigration regarding the Nominator or associated persons, and the visa application was made prior to the nomination's approval, thus satisfying the six-month timeframe.

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