Bibi (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) regarding a decision not to grant Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, to the applicants. The primary applicant sought a visa for the position of Office Manager, based on a nomination lodged by Black Diamond Protection Pty Ltd. The secondary applicants were seeking to be granted the same visa as members of the primary applicant's family unit.

The central legal issue before the Tribunal was whether the primary applicant met the requirements of clause 187.233 of the Migration Regulations 1994, which governs the nomination of a position for the Subclass 187 visa in the Direct Entry stream. This clause requires, among other things, that the nominated position be located in regional Australia, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by Black Diamond Protection Pty Ltd on behalf of the primary applicant had not been approved at the time of the Tribunal's decision. Consequently, the Tribunal concluded that the primary applicant did not meet the requirements of clause 187.233. As the primary applicant failed to satisfy the criteria for the Direct Entry stream, and no claims were made for other visa streams, the Tribunal affirmed the decision not to grant the visa. Furthermore, the Tribunal affirmed the decision not to grant the secondary applicants a visa, as they did not meet the secondary criteria as family unit members and had not demonstrated they met the primary criteria in their own right.