Aryan (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Office Manager. The applicant's nomination was lodged by AROMATIC HOME SERVICES PTY LTD. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the visa, specifically in relation to the nominated position.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates that the nominated position must have been approved by the Minister, not subsequently withdrawn, still be available to the applicant, and that the visa application must have been made within six months of the nomination's approval. The Tribunal also considered whether there was any adverse information known to Immigration regarding the nominator or associated persons, or if such information could be disregarded.

The Tribunal found that the nomination for the position had not been approved at the time of the Tribunal's decision. Consequently, the applicant failed to satisfy the requirements of clause 187.233. As the applicant had only sought to meet the criteria for the Direct Entry stream and had not made claims in respect of other visa streams, the Tribunal concluded that the applicant did not meet the essential requirements for the visa.

The Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.