Sjahlendra (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The applicant sought review of a decision concerning the nomination for a position as a Café or Restaurant Manager. The Tribunal, constituted by Alan McMurran, was tasked with determining whether the Minister had approved the nomination in accordance with the relevant legislative criteria.

The primary legal issue before the Tribunal was whether the nomination met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause, as applicable, stipulated several conditions, including that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons (or that such information be disregarded), that the position remain available to the applicant, and that the visa application be lodged within six months of the nomination's approval.

The Tribunal found that the applicant was the subject of an approved nomination, that the nominator, a partnership, was the prospective employer, and that the position of Café or Restaurant Manager remained available. Furthermore, the Tribunal was not aware of any adverse information concerning the nominator or associated persons, and the visa application was made within the prescribed timeframe after the nomination's approval. Consequently, the Tribunal concluded that clause 187.233 was satisfied.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 187.233. The Minister was to proceed to consider the remaining criteria for the grant of the visa.