Bunprapoch (Migration)

This matter concerned an appeal by an applicant against the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The applicant sought to satisfy the criteria for the Direct Entry stream of this visa subclass. The core of the dispute revolved around whether the position to which the visa application related was the subject of an approved nomination as required by the relevant migration regulations.

The Tribunal was required to determine whether the applicant had met the criteria for the Subclass 187 visa in the Direct Entry stream, specifically focusing on the requirement that the position be the subject of an approved nomination. This involved assessing whether the nomination had been approved, had not been withdrawn, and met other conditions including the applicant being identified in the nomination where made on or after 1 July 2017, the employer being the nominator, the position remaining available, and the visa application being lodged within six months of the nomination's approval. The Tribunal also considered whether there was any adverse information known to Immigration concerning the nominator or associated persons, or if such information could be disregarded.

The Tribunal found that the nomination lodged by Rice Noodles Pty Ltd was refused on 23 March 2018, and this refusal was affirmed on review by the Tribunal on 17 September 2020. The applicant conceded that there was no prospect of success in the current review application due to the lack of an approved nomination. While the applicant requested a delay to allow for the determination of a new visa application, which involved a new employer nomination and a subsequent visa application lodged in October 2019 that was remitted for reconsideration, the Tribunal concluded that the requirements for the Direct Entry stream had not been met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.