Chen (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, by Ms Chen and her partner Mr Liu. The decision under review, which affirmed the refusal to grant these visas, was before the Tribunal for consideration.

The primary legal issue before the Tribunal was whether Ms Chen met the criteria for the Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the position to which the application relates must have been the subject of an approved nomination, that the employer who made the nomination is the prospective employer, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nomination application made by the Company for the position of Chef was refused by the Department, and no review of this refusal was sought. The applicants failed to respond to the Tribunal's request for comment on this information. Consequently, as the nomination had not been approved, Ms Chen did not satisfy the primary criteria under cl.187.233(3). As Ms Chen did not meet the primary criteria, Mr Liu, as her partner, could not satisfy the secondary criteria, and there was no evidence he met the primary requirements.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.