Walia (Migration)

This matter concerned an appeal by Mr Walia against a decision to refuse his application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 (Regional Sponsored Migration Scheme) visa under the direct entry stream. The nominated position was that of a Chef. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994, which pertains to the nomination of a position.

The Tribunal was tasked with assessing whether the nominated position met the criteria for a Direct Entry nomination in regional Australia. This involved verifying that the employer who made the nomination was the same entity that would employ the applicant, that the nomination had been approved and not withdrawn, that there was no adverse information known to the Department concerning the nominator or associated persons, that the position remained available, and that the visa application was lodged within six months of the nomination's approval. The employer, Flames (Aust) Pty Ltd, had initially had its nomination refused by the Department, leading to the refusal of Mr Walia's visa application.

The Tribunal found that Flames (Aust) Pty Ltd was the nominator and prospective employer, and that its nomination for the Chef position had been approved by the Tribunal and not withdrawn. Furthermore, the Tribunal was satisfied, based on the available information, that there was no adverse information regarding the nominator or associated persons. The nominator confirmed the position's availability, and the visa application was made concurrently with the nomination, thus satisfying the time limit. Consequently, the Tribunal concluded that the requirements of clause 187.233 were met.

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 for the Subclass 187 visa.