Williams (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, presided over by Stephen Witts, was tasked with determining whether the applicant met the criteria for the grant of the 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 the ANZSCO code 431411, and whether the applicant satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nominated position be located in regional Australia, be the subject of an approved nomination that identifies the applicant, and that the employer who made the nomination will employ the applicant. It also requires that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the duties and responsibilities of the nominated position did align with those of a hotel service manager. Furthermore, the Tribunal concluded that the applicant met all the requirements of clause 187.233, including the absence of adverse information concerning the nominee. Consequently, the Tribunal remitted the application for a Regional Employer Nomination (Permanent) (Class RN) visa for reconsideration by the Minister, directing that the applicant meets criteria 187.233 and 187.223 of Schedule 2 to the Regulations.