Channa (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to have the decision affirmed by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. This clause outlines various criteria for a nominated position, including that the nomination must be approved, not withdrawn, and that the position must still be available to the applicant. A further requirement, for nominations made on or after 1 July 2017, is that the nomination must identify the applicant in relation to the position.

The Tribunal considered the evidence that the nominator had applied for review of the delegate's decision to refuse the nomination, but subsequently withdrew that application. As the nomination had not been approved at the time of the Tribunal's decision, the Tribunal found that the applicant did not meet the requirements of clause 187.233. The Tribunal also affirmed the decision not to grant the second applicant, who was a family member, a visa, as they did not meet the secondary criteria for a family unit member and had not demonstrated they met the primary criteria in their own right. The Tribunal affirmed the decisions not to grant the applicants the Subclass 187 visas.