Skein (Migration)

This matter concerned applications for Regional Employer Nomination (Permanent) (Class RN) visas, specifically Subclass 187 Regional Sponsored Migration Scheme visas under the Direct Entry stream. The applicants were Mr. Wynand Jakobus Skein, and his family members Mrs. Christa Deidre Skein, Miss Karien Skein, and Miss Zanalee Skein. The dispute arose after the Department of Home Affairs refused the nomination for the position of Managing Director, which subsequently led to the refusal of the visa applications. The Administrative Appeals Tribunal (AAT) reviewed the decision not to approve the nomination.

The primary legal issue before the Tribunal was whether the applicant, Mr. Skein, met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994. This clause outlines various criteria for the nomination of a position, including that the position must be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the applicant must be identified in relation to the position if the nomination was made on or after 1 July 2017. It also requires that the employer be the nominator, that there be no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominating employer, Masslift Queensland Pty Ltd, had initially applied for approval of a nomination for the Managing Director position, which was refused by the Department. However, upon review by the Tribunal (AAT Case No. 1906606), the Department's decision was set aside, and the nomination was approved on 25 July 2022. Consequently, the Tribunal concluded that the first named applicant, Mr. Skein, satisfied clause 187.233(3). The applications of the other named applicants, as members of Mr. Skein's family unit, were to be determined by reference to the outcome of his application.

Given these findings, the Tribunal remitted the visa applications to the Minister for reconsideration, with a direction that the first named applicant meets the criteria under clause 187.233(3) of Schedule 2 to the Regulations. The remaining criteria for the visas were to be considered by the Department.