Bui (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Thi Thuy Duong Bui, the primary applicant, and a secondary applicant, concerning their applications for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The dispute centred on whether the nominated position of Primary Produce Inspector was the subject of an approved nomination that met the relevant legislative criteria.

The Tribunal was required to determine whether the applicants satisfied the requirements of clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal had to assess if the nominated position was located in regional Australia, if the applicant was identified in the nomination application, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was no adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal affirmed the delegate's decision to refuse the visa applications. It found that the nominator, DL and M Leslie, had lodged a nomination application for a fruit and vegetable inspector position. However, the delegate's assessment indicated that the provided financial material did not sufficiently demonstrate the business's current financial position or steady growth, nor was there clear evidence of the nominator's operations as a grape farm or the goods produced. Crucially, the delegate concluded that the nomination application had not identified a need for the nominator to employ a paid employee under their direct control. As the primary applicant did not meet the visa criteria, the Tribunal also found that the secondary applicant likewise failed to meet the criteria.