Udani (Migration)

The Administrative Appeals Tribunal considered a Regional Employer Nomination (Permanent) (Class RN) visa application, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The applicant sought review of a decision to refuse the visa, which was based on the refusal of a related position nomination.

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 several criteria relating to the nominated position, the nominator, and the timing of the visa application relative to the nomination approval.

The Tribunal found that the applicant met the requirements of clause 187.233. It was satisfied that the nominated position of 'Retail Manager (General)' was located in regional Australia, that the nominator was the prospective employer, and that the nomination had been approved and not withdrawn. The Tribunal also found that the position remained available to the applicant and that the visa application was made within six months of the nomination's approval. Furthermore, the Tribunal was not aware of any adverse information concerning the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria under clause 187.233.