Tao (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream, for a cook. The decision was made by the Administrative Appeals Tribunal (AAT).

The AAT was required to determine whether the applicant met criterion 187.223 of Schedule 2 to the Migration Regulations 1994. This criterion involves several sub-requirements, including that the nominated position must have been approved and not subsequently withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons, or that any such information must be reasonable to disregard. It also requires the position to be located in regional Australia, still available to the applicant, and that the visa application was made within six months of the nomination approval.

The Tribunal found that criterion 187.223 was met. It noted that the nomination had been approved and not withdrawn, and that the position was located in the Australian Capital Territory, which is considered regional Australia. The Tribunal also determined that it was appropriate to disregard adverse information concerning allegations of discrimination, as these were being considered separately. Furthermore, the Tribunal was satisfied that the position remained available to the applicant and that the visa application was made within the prescribed timeframe.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met criterion 187.223.