Thibaud (Migration)

This matter concerned an appeal by a visa applicant against the refusal of their application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The Administrative Appeals Tribunal (AAT) was required to determine whether the visa applicant met the criteria for the nomination of a position.

The primary legal issue before the Tribunal was whether the nomination of the position satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause outlines several conditions, including that the nominated position must be located in regional Australia, identified in the nomination application, and approved by the Minister. It also requires that the employer who made the nomination is the person who will employ the applicant, that the nomination has not been withdrawn, and that there is no adverse information known to the Department of Immigration concerning the nominator or associated persons, or that such information can be disregarded. Furthermore, the position must remain available to the applicant, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the nominated position met the requirements of clause 187.233. It was satisfied that the position was the same as that declared in the visa application and identified in the nomination application, and that the applicant was correctly identified in relation to the position. The Tribunal also concluded that the employer who made the nomination was the prospective employer and that the nomination had been approved. Based on its findings regarding the nomination, the Tribunal determined that the visa applicant satisfied the requirements of clause 187.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to have met the requirements of clause 187.233.