Yim (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the nominated position of Pastry Cook. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination for the Pastry Cook position, as required by clause 187.233 of the Migration Regulations 1994. This clause, as applicable, stipulated several conditions, including that the nominated position be located in regional Australia, that the applicant be identified in the nomination application (if made on or after 1 July 2017), that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons (or such information be disregarded), that the position remain available to the applicant, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the applicant had met the requirements of clause 187.233, having provided evidence of qualifications, English language proficiency, and a police check. The Tribunal also noted that clause 187.223 was met. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant met these specified criteria.