Sonia (Migration)

This matter concerned an appeal by Ms. Sonia and other applicants regarding a refusal of their Regional Employer Nomination (Permanent) (Class RN) visas, specifically under Subclass 187 (Regional Sponsored Migration Scheme) in its Temporary Residence Transition stream. The dispute centred on the approval of the nomination for the position of Café or Restaurant Manager. The Administrative Appeals Tribunal, constituted by Member Kate Millar, was required to determine whether the nomination had been approved and had not been subsequently withdrawn, as well as other related criteria.

The Tribunal was tasked with assessing whether the nomination met the requirements of clause 187.223 of Schedule 2 to the Migration Regulations. This involved considering whether the nominated position was the subject of an approved nomination application, whether there was any adverse information concerning the nominator or associated persons, whether the position was located in regional Australia, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval. The Tribunal had previously set aside a decision not to approve the nomination and substituted a decision to approve it, and had also set aside a decision to take action against the sponsor.

In its reasoning, the Tribunal found that the nomination had been approved and not withdrawn, and that no adverse information was known about the sponsor or associated persons. It confirmed that the position was located in regional South Australia and remained available to Ms. Sonia. Crucially, the Tribunal noted that the visa application was made on 17 March 2017, and the nomination application on 23 February 2017, with the visa application lodged before the Tribunal substituted its decision to approve the nomination. As Ms. Sonia met the primary criteria on which her application was refused, the Tribunal remitted the visa applications of all applicants to the Minister for reconsideration of the remaining criteria.