Xu (Migration)

This matter concerned a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Cook. The applicant sought review of a decision concerning their visa application. The Tribunal was required to determine whether the visa applicant met the criteria for the grant of the visa, specifically focusing on the nomination requirements under clause 187.233 of the relevant regulations.

The Tribunal considered whether the nominated position, that of a Cook (ANZSCO 351411), was located in regional Australia and was the subject of an approved nomination application. It was also necessary to confirm that the nominator was the prospective employer, that the nomination had been approved and not withdrawn, that there was no adverse information known to Immigration concerning the nominator or associated persons, and that the position remained available to the applicant. Furthermore, the Tribunal had to ascertain that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant met the criteria under clause 187.233, including that the position was correctly nominated and declared, the nominator was the prospective employer, and the nomination had been approved by the Tribunal on 23 May 2019. Evidence was accepted that the nomination had not been withdrawn and the position remained available, with the applicant currently employed as a Cook. The Tribunal also found no adverse information known to Immigration regarding the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.233 of Schedule 2 to the Regulations.