CENTILLAS (Migration)

The applicant sought review of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa, specifically within the Temporary Residence Transition stream. The decision under review was made by the Department of Immigration and Border Protection, and the applicant appealed to the Administrative Appeals Tribunal.

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

The Tribunal, constituted by Senior Member Michael Cooke, found that the applicant had failed to meet the necessary requirements for the visa in the Temporary Residence Transition stream. The decision under review was therefore affirmed. The Tribunal's reasoning focused on the applicant's inability to satisfy the specific criteria for this visa stream, without making any claims or arguments in relation to other potential visa streams.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.