Chan (Migration)

This matter concerned an application for review by Ms Yee Ting Chan and Mr Gwijung Kim of a decision to refuse their Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Direct Entry stream for Accommodation and Hospitality Managers. The nominator, JS Bundy Pty Ltd, had its employer nomination application refused by the delegate of the Minister. The Tribunal was asked to determine whether the applicants met the requirements for the visa, particularly in light of the affirmed refusal of the employer nomination.

The central legal issue before the Tribunal was whether the applicants satisfied clause 187.233(3) of the Migration Regulations 1994, which requires that the Minister has approved the nomination. This, in turn, depended on whether the nominated position was the subject of an approved nomination, as required by regulation 5.19(4) of the Migration Regulations 1994. The Tribunal also considered whether it had provided a fair opportunity for the applicants to respond to information that might lead to the affirmation of the decision under review.

The Tribunal reasoned that it had affirmed the decision to refuse the employer nomination. Consequently, there was no approved nomination to satisfy clause 187.233(3). The Tribunal had invited the applicants to comment on this specific issue under section 359A of the Migration Act, granting an extension of time for their response. Despite this, no further communication or response was received from the applicants or their migration agent. The Tribunal concluded that the applicants had been afforded a fair and just opportunity to comment.

As a result of the affirmed refusal of the employer nomination, the Tribunal found that the applicants did not meet clause 187.233(3). Therefore, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to Ms Yee Ting Chan and Mr Gwijung Kim.