Chandran (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry Stream. The dispute centred on whether the applicant had met the eligibility criteria for this visa subclass, specifically concerning the nomination of the position.

The primary legal issue before the Tribunal was whether the applicant's nominated position as a hairdresser was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations. This clause mandates that the position must be nominated, identified in relation to the applicant, and that the nomination must have been approved by the Minister and not subsequently withdrawn. Further requirements include the employer being the nominator, the absence of adverse information, the continued availability of the position, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that a delegate of the Minister had refused the related nomination application on 19 August 2019, and this decision was not subject to review. Consequently, the nomination had not been approved, failing to meet the requirements of clause 187.233(3). As the applicant had only sought to satisfy the criteria for the Direct Entry Stream and had not met these essential requirements, the Tribunal concluded that the decision under review, which refused the visa, should be affirmed. The Tribunal affirmed the decision not to grant the applicant the visa.