Srain (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Café or Restaurant Manager. The applicant sought review of a decision by the Department of Home Affairs. The Tribunal, constituted by Jade Murphy, was required to determine whether the position to which the visa application related was the subject of an approved nomination.

The central legal issue was the interpretation and application of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines the requirements for a nominated position to be considered approved, including that the position must be located in regional Australia, identified the applicant if the nomination was made after 1 July 2017, be held by the nominator, have been approved and not withdrawn, involve no adverse information known to Immigration (or such information being disregardable), still be available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by Mildura Magic Pty Ltd had initially been refused by a delegate of the Minister. However, following an application for review, the Tribunal had previously set aside that refusal and substituted a decision approving the nomination. Consequently, the Tribunal concluded that the position was indeed the subject of an approved nomination, thereby satisfying clause 187.233.

Given this finding, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.