Chan (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream. The applicant sought to satisfy the criteria for this visa based on a nomination made by THE TRUSTEE FOR HR TRUST, trading as Harvey Recruitment.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the position was the subject of an approved nomination, as required for the grant of the visa. This involved considering whether the nominator had made a valid application for approval of the nomination, whether that nomination had been approved, and whether it had been subsequently withdrawn.

The Tribunal reasoned that a critical requirement for the visa was that the nominated position must be the subject of an approved nomination. In this case, the Department had refused the employer's nomination application, and this decision was affirmed by the Tribunal on review. Subsequently, the nominator had requested to withdraw the nomination. The Tribunal had invited the applicant to respond to the fact that the nomination had not been approved, which was a reason for affirming the decision under review. As the nomination had not been approved, and indeed had been refused and later sought to be withdrawn, the applicant could not satisfy this essential criterion for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, as the requirements for this visa had not been met.