BORBAJO (Migration)

The applicant, Borbajo, sought to satisfy the criteria for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically within the Temporary Residence Transition stream. The dispute concerned the refusal of this visa application. The decision was made by Senior Member Michael Cooke of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had met the requirements for a Subclass 187 visa in the Temporary Residence Transition stream. This involved assessing whether the nominated position met the criteria outlined in regulation 187.223(1) and (2) of the Migration Regulations 1994, including the approval of the nomination by the Minister, the absence of adverse information, the location of the position in regional Australia, its continued availability, and the timeliness of the visa application relative to the nomination approval.

The Tribunal reasoned that the applicant had failed to satisfy the mandatory requirements for the visa in the Temporary Residence Transition stream. As the specific criteria for this stream were not met, the Tribunal affirmed the decision not to grant the visa. The Tribunal's decision was to affirm the decision under review.