YAMOMO (Migration)

The Administrative Appeals Tribunal considered a Regional Employer Nomination (Permanent) (Class RN) visa application under the Temporary Residence Transition stream, lodged by Trustee for Duran Cantoria Trust, for the position of Hairdresser. The applicant, Mr Reynaldo Salira Yamomo, sought to satisfy the criteria for a subclass 187 visa. The initial application was refused by the Department, but the Tribunal was asked to review this decision.

The primary legal issue before the Tribunal was whether the nomination for the Hairdresser position had been approved, as required by clause 187.223 of the relevant regulations. This clause necessitates that the nominated position be the subject of an approved nomination application, that the nominator or associated persons do not have adverse information known to Immigration, that the position is located in regional Australia, remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination had indeed been approved, setting aside the Department's decision and substituting its own approval for the position. It was satisfied that the approved position corresponded to the one in the nomination application and the visa application declaration, thus meeting subclause 187.223(1). Furthermore, the Tribunal relied on its findings in the nomination application to conclude that the employer was the nominator, satisfying subclause 187.223(2). Consequently, the Tribunal determined that the visa applicant now met the requirements of clause 187.223.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the requirements of clause 187.223.