VAQUERO VALIENTE (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically Subclass 187 (Regional Sponsored Migration Scheme), by the first named applicant, with the second named applicant applying as a member of his family unit. The core dispute revolved around the approval of the nominated position for the applicant, which had initially been refused by the Department of Home Affairs. The Tribunal was required to determine whether the requirements of clause 187.223 of Schedule 2 to the Regulations were met, particularly concerning the approval of the nomination.

The Tribunal considered whether the nominated position for a photographer was the subject of an approved nomination that had not been withdrawn, whether there was any adverse information concerning the nominator, and if the position was located in regional Australia and still available to the applicant. Crucially, the Tribunal had to assess if the visa application was made within six months of the nomination's approval. The Tribunal noted that the nominator had applied to have the position approved on 11 March 2020, this application was refused on 7 May 2020, and review was sought on 26 May 2020.

The Tribunal reasoned that it had previously set aside the Department's refusal of the nomination and substituted a decision to approve it on 15 December 2023. Consequently, the Tribunal found that criterion 187.223(2) was met. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The application of the second named applicant, as a family unit member, was also remitted for reconsideration in light of the Tribunal's findings regarding the primary applicant.