Szeremeta Lambach (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 the position of Personal Assistant. The applicant was nominated by Aeon Technology Services Pty Ltd. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines various criteria relating to the nominated position, the nominator, and the timing of the visa application relative to the nomination approval. Specifically, the Tribunal had to determine if the nominated position was correctly identified, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within the prescribed timeframe after nomination approval.

The Tribunal found that the applicant met all the requirements of clause 187.233. It noted that the nomination, initially refused by the Department, was subsequently approved by the Tribunal on 26 June 2019. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was made within six months of the nomination approval. Furthermore, there was no evidence of adverse information known to the Department regarding the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The applications of secondary applicants, who applied as members of the first applicant's family unit, were to be determined by reference to the outcome of the primary applicant's application upon remittal.