Chen (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 satisfied the criteria for an approved nomination in relation to their visa application, specifically concerning the role of a Motor Mechanic.

The primary legal issue before the Tribunal was to determine whether the applicant's visa application met the requirements of clause 187.233, which mandates that the position to which the application relates must be the subject of an approved nomination. This includes requirements such as the nominator being the prospective employer, the nomination being approved and not withdrawn, the position remaining available, and the visa application being lodged within six months of the nomination's approval.

The Tribunal reasoned that the nomination lodged by Yan Capital Motors Pty Ltd was refused by the Department and this refusal was subsequently affirmed by the Tribunal on 25 November 2022. Despite this information being put to the applicant for comment, no response or further information was provided. Consequently, the Tribunal concluded that the position was not the subject of an approved nomination, a critical requirement for the Direct Entry stream of the Subclass 187 visa. As the applicant had not met this essential criterion, and had not sought to satisfy the requirements of any other visa streams, the Tribunal affirmed the decision not to grant the visa.