1506531 (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically within the Direct Entry stream. The applicant sought to have the decision not to grant this visa reviewed.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates that for the Direct Entry stream, the nominated position must have been the subject of an approved nomination application under the relevant regulations, and this approval must not have been subsequently withdrawn.

The Tribunal reasoned that for a Subclass 187 visa in the Direct Entry stream, the nominated position must be one that has been approved under either regulation 5.19(4)(h)(ii) or regulation 5.19(4) as it existed before 1 July 2012. The Tribunal noted that in a related nomination matter, it had affirmed the decision to refuse the nomination. Consequently, the Tribunal was not satisfied that the nomination had been approved and not withdrawn, meaning clause 187.233 was not met. As the applicant had only pursued the Direct Entry stream and failed to meet its criteria, the Tribunal affirmed the decision under review.