STEFANSKI CHAVES (Migration)

This matter concerned a review by the Tribunal of a decision regarding a Subclass 187 Regional Sponsored Migration Scheme visa application, specifically under the Direct Entry stream. The applicant sought a permanent visa based on a nomination for a Child Care Worker position located in Jamison, ACT. The core of the dispute revolved around whether the nomination and the applicant's circumstances met the criteria stipulated in clause 187.233 of the Migration Regulations.

The Tribunal was required to determine if the nominated position was the subject of an approved nomination in the Direct Entry stream, located in regional Australia, and if the applicant was identified in relation to that position. Further, it needed to ascertain if the employer making the nomination was the same person who would employ the applicant, if the nomination had been approved and not withdrawn, and if there was any adverse information known to the Department concerning the nominator or associated persons, or if such information could be disregarded. The Tribunal also had to consider if the position remained available to the applicant and if the visa application was lodged within six months of the nomination's approval.

In its reasoning, the Tribunal found that the nominated position, Child Care Worker (ANZSCO 421111), was located in Jamison, ACT, which is defined as regional Australia. It was satisfied that the person who made the nomination was the prospective employer, that the nomination had been approved and not withdrawn, and that no adverse information was known to the Department. The Tribunal also determined that the position remained available and that the visa application was made prior to the nomination's approval, thus meeting the criteria under clause 187.223.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The direction was that the first named applicant met the criteria specified in clause 187.223 of Schedule 2 to the Regulations, leaving the remaining visa criteria to be considered by the Minister.