Torres Wilburn (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 Hotel Service Manager. The applicant sought review of a decision concerning the grant of this visa.

The primary legal issue before the Tribunal was whether the nominated position corresponded with the duties and responsibilities of a Hotel Service Manager as defined by ANZSCO code 431411, and whether the applicant met the specific criteria under clauses 187.233 and 187.223 of Schedule 2 to the Regulations.

The Tribunal found that the duties and responsibilities of the nominated position aligned with those of a Hotel Service Manager. It further determined that the applicant met all the requirements of clause 187.233, including that the position was located in regional Australia, the nomination had been approved and not withdrawn, there was no adverse information concerning the nominator, the position remained available, and the visa application was made within six months of the nomination approval. The Tribunal also found that the primary applicant met the criteria under clause 187.223, and consequently, the secondary applicant also met the criteria.

The Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration, directing that the first named applicant meets the criteria under clauses 187.233 and 187.223 of Schedule 2 to the Regulations.