Sran (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a position as a Nurseryperson. The applicant's employer, Gawler River Tomatoes Pty Ltd, had made a nomination for the position. The Administrative Appeals Tribunal, constituted by Member Mark O'Loughlin, was required to determine whether the applicant met the criteria under clause 187.233 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the nomination for the Nurseryperson position satisfied the requirements of clause 187.233. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. Further requirements include that the nominator must be the prospective employer, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), the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 met all the specified criteria under clause 187.233. It noted that a previous decision of 5 August 2021 had substituted an approval for the nomination, and that the nomination had not been withdrawn. The Tribunal was satisfied that the nominator was the prospective employer, that the position remained available, and that the visa application was made within the requisite six-month period. Furthermore, there was no evidence of adverse information concerning the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first named applicant had met the criteria under clause 187.233 of Schedule 2 to the Regulations.