Zhao (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for the position of Cook. The applicant sought review of a decision concerning their visa application. The Tribunal, constituted by Terrence Baxter, was required to determine whether the applicant met the criteria for an approved nomination.

The central legal issue before the Tribunal was whether the nomination for the applicant's position as a Cook met the requirements of clause 187.233 of the Regulations. This clause mandates that the nominated position be located in regional Australia, be the subject of an approved nomination, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. Further requirements include that the nominator be the prospective employer, the nomination be approved and not withdrawn, there be no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), the position remains available to the applicant, and the visa application is made within six months of the nomination's approval.

The Tribunal found that the nominator had applied to have the position of Cook approved with the applicant as nominee on 20 October 2017. Although this nomination was initially refused on 3 May 2019, the nominator sought review, and on 23 September 2022, the Tribunal set aside the refusal and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that criterion cl 187.233(3) was met.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant be considered to meet criterion cl 187.233(3) of Schedule 2 to the Regulations.