Yu (Migration)

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision relating to a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a chef. The applicant's employer, Jumbo Lee Trading Pty Ltd, had lodged a review application concerning the refusal of its nomination of the applicant.

The Tribunal was required to determine whether the nomination met the criteria set out in clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal needed to assess whether the nominated position was located in regional Australia, was the subject of an approved nomination that had not been withdrawn, and if the nomination was made on or after 1 July 2017, whether it identified the applicant in relation to the position. Further considerations included whether the employer was the nominator, if there was any adverse information known to Immigration about the nominator or associated persons, whether the position remained available to the applicant, and if the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination had been approved by the AAT on 22 December 2021, and that the employer, Jumbo Lee Trading Pty Ltd, continued to employ the applicant. It was satisfied that all relevant subclauses of clause 187.233 were met, including the absence of adverse information or that such information was reasonable to disregard, the continued availability of the position, and that the visa application was made within the prescribed timeframe after the nomination approval.

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