BAINS (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the refusal of Regional Employer Nomination (Permanent) (Class RN) visas, specifically Subclass 187 (Regional Sponsored Migration Scheme) visas under the Direct Entry stream. The applicant sought to have the decision reviewed, with the nominated position being that of a Baker. A key factual development was a change of ownership of the bakery, with a new entity, Viet Bakery, taking over operations.

The Tribunal was required to determine whether the applicant satisfied criterion cl 187.223(2), which pertains to the nomination of a position for Direct Entry stream applicants. This involved assessing whether the nominated position was approved, whether the employer who made the nomination was the one who would employ the applicant, and whether the nomination had been approved and not withdrawn. The Tribunal also had to consider the presence of any adverse information and whether the position remained available to the applicant within the prescribed timeframe after nomination approval.

The Tribunal's reasoning focused on the nominating sponsor's failure to comply with a request for information made under s359(2) of the Migration Act 1958 (Cth). Despite extensions being granted, the nominating sponsor, Maulove (Vic) Pty Ltd, did not provide the requested information. The applicant indicated a change of employer to Viet Bakery and that he had entered into a new contract with this new entity. However, the Tribunal found no evidence that the applicant met the primary criteria for the visa, nor that the secondary applicants met their criteria as family members of a primary visa holder.

Consequently, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.