BAJWA (Migration)

The Administrative Appeals Tribunal considered a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of the delegate's decision to refuse the visa.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa, specifically in relation to the Direct Entry stream. This involved assessing whether the nominated position met the requirements of clause 187.233, including that the nomination had been approved and not withdrawn, and that the position remained available to the applicant.

The Tribunal found that the nomination application lodged by Annilax Enterprises Pty Ltd was refused by a delegate of the Minister on 17 May 2018. As the nomination was refused, the applicant could not satisfy clause 187.233(3), which requires the Minister to have approved the nomination. The delegate also considered the Temporary Residence Transition and Agreement streams, finding the applicant did not meet the criteria for either. As the applicant had not satisfied the primary criteria for the visa, they could not be granted the visa as a member of a family unit.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant the Subclass 187 visa, as the requirements for the Direct Entry stream, and indeed all other streams, were not met.