Chen (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal (the Tribunal) by Ms Chen (the applicant) against a decision not to grant her and her partner Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The core of the dispute revolved around the refusal of the employer's nomination for Ms Chen.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa, particularly clause 187.233, which mandates that the nominated position must have been approved, not subsequently withdrawn, and remain available to the applicant. The Tribunal also considered whether the applicant's circumstances warranted an extension of time to rectify issues with the nomination.

The Tribunal affirmed the decision not to grant the visa. It reasoned that a fundamental requirement for the visa is an approved nomination for a position that is still available. In this case, the nomination had been refused, rendering the position unavailable. While the applicant sought an extension of time to assist the employer in rectifying the nomination issues, the Tribunal found that the refusal of the nomination meant the primary criteria for the visa were not met. Consequently, the secondary criteria for the partner applicant were also not met.