1607479 (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa. The applicant sought to satisfy the criteria for a subclass 187 visa in the Direct Entry stream.

The primary legal issue before the Tribunal was whether the applicant met clause 187.311 of the Migration Regulations 1994. This clause requires the applicant to be a member of the family unit of a person who holds a subclass 187 visa on the basis of having satisfied the primary visa criteria.

The Tribunal noted that the applicant's former wife, Ms Amarjot Kaur, had been refused a subclass 187 visa as she did not meet the primary criteria. Consequently, the applicant's own application was also refused on the basis that he did not meet clause 187.311(a). The Tribunal found no evidence that Ms Kaur held a subclass 187 visa, nor that the applicant met the primary visa criteria in his own right. As the applicant had only pursued the Direct Entry stream and had not met its requirements, the Tribunal affirmed the decision not to grant the visa.