BADOC (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Temporary Residence Transition stream, for the occupation of Carpenter. The applicant had been nominated by Glasstech (Australia) Pty Ltd, which held an approved Standard Business Sponsorship. The applicant had been employed by this company since November 2013 and provided evidence of his qualifications and employment history.

The central legal issue before the Tribunal was whether the applicant had met the criteria for the Subclass 187 visa in the Temporary Residence Transition stream, specifically concerning the approval of the nomination for the nominated position. The applicant's representative had only learned the day before the hearing that the nominating sponsor's application for approval had already been refused by the AAT.

The Tribunal reasoned that the applicant had not satisfied the requirements for the visa in the Temporary Residence Transition stream, as the nomination had not been approved. The Tribunal noted that the applicant had not made claims in respect of other visa streams. Consequently, the Tribunal affirmed the decision not to grant the visa.