THARASRISUTTHI (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 chef. The applicant's associated nominator was Emirates Hotels (Australia) Pty Ltd. The Administrative Appeals Tribunal (AAT) was required to review a decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant met criterion 187.233(3) of Schedule 2 to the Migration Regulations 1994, which requires that the Minister has approved the nomination and that it has not been subsequently withdrawn. This criterion was not met by the delegate at the time of the initial decision due to adverse information concerning the nominator, which was not adequately addressed by the applicant.

The Tribunal reasoned that a previous decision concerning the nominator's application for approval of the nomination had been set aside by the Tribunal, and the nominator was subsequently found to meet the requirements of regulation 5.19. Consequently, the Tribunal was satisfied that the nomination had been approved and had not been withdrawn, thereby satisfying criterion 187.233(3).

Given this finding, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the grant of the visa, with a direction that the applicant meets criterion 187.233(3).