YAU (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, Siu Nam Yau, was nominated for the occupation of Open Water Diving Instructor by Juliet Holdings Pty Ltd ATF The Beau Discretionary Trust. The Tribunal was tasked with reviewing a decision related to this nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994, specifically concerning the approval of the nominated position for applicants in the Direct Entry stream. This clause requires that the nominated position be the subject of an approved nomination, that the nominator is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa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 nominator, Juliet Holdings Pty Ltd ATF The Beau Discretionary Trust, was also the prospective employer, as evidenced by the applicant's employment contract. It was established that the nomination was approved by the Tribunal on 21 June 2018 and had not been withdrawn. Furthermore, the Tribunal was satisfied that no adverse information was known to Immigration concerning the nominator, based on the provided regulations defining adverse information, which include criminal offending, administrative action, or insolvency within the preceding three years.

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.