Zhang (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Cook. The primary applicant, identified as "Cook," was the subject of an approved nomination by Golden Catering Pty Ltd. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically clause 187.233 of Schedule 2 to the Regulations.

The Tribunal was tasked with assessing whether the nominated position met the requirements of clause 187.233, which included that the position be located in regional Australia, identified the applicant, and that the nominator was the prospective employer. Further, the Tribunal had to consider whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval. The Tribunal also considered the applications of the second, third, and fourth named applicants as members of the family unit of the primary applicant.

The Tribunal found that the nominator's application for approval of the nominated position, initially refused, was subsequently granted on review by the Tribunal on 5 October 2021. The Tribunal was satisfied that all subclauses of clause 187.233 were met, including that the nominator was the prospective employer, the nomination was approved and not withdrawn, there was no adverse information or it was reasonable to disregard it, the position was still available, and the visa application was made within the prescribed timeframe.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister. The Tribunal directed that the first named applicant met the criteria under clause 187.233 for the Subclass 187 visa, and that the applications of the second, third, and fourth named applicants should be reconsidered as family unit members of a person meeting the primary criteria.