Sujan (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Hotel or Motel Manager. The applicant sought review of a decision by a delegate of the Minister not to grant the visa. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the nominated position met the criteria set out in clause 187.233. This clause, as applicable, required that the position be the subject of an approved nomination in regional Australia, that the applicant be identified in relation to the position (for nominations made on or after 1 July 2017), that the employer be the nominator, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons, or that any such information be reasonable to disregard, that the position remain available to the applicant, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the nominator, Australian Motels and Hotels Pty Ltd ATF Australian Motels and Hotels Unit Trust, had made an application for approval of a nomination for the position of Hotel or Motel Manager for the applicant. Following a delegate's refusal, the Tribunal had previously set aside that decision and substituted its own decision to approve the nomination on 27 April 2023. The Tribunal was satisfied that the applicant was the subject of an approved nomination and that all other sub-criteria within clause 187.233 were met, including the availability of the position and the timeliness of the visa application. The Tribunal also found that the second applicant met the secondary requirements for the visa.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first applicant met the requirements of clause 187.233.