Chen (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Mr Kang Chen. The Tribunal was required to determine whether Mr Chen met the criteria for the grant of this visa, specifically clause 187.233(3) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the position specified in Mr Chen's visa application was the subject of an approved nomination. Clause 187.233(3) requires that the Minister has approved the nomination. The Tribunal also considered related criteria, including that the nominator must be the prospective employer, the nomination must not have been withdrawn, there must be no adverse information known to Immigration (or it must be reasonable to disregard such information), the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that the employer nomination had been refused by a delegate of the Minister, and this decision was affirmed by the Tribunal on 27 May 2020, as the nominator failed to satisfy subregulation 5.19(4). Following this affirmation, Mr Chen was invited to comment on the potential impact of this decision on his visa application, specifically noting that the absence of an approved nomination would mean he did not satisfy a requirement for the visa grant. As no response was received from Mr Chen by the specified date, the Tribunal proceeded to make a decision.

Consequently, the Tribunal affirmed the decision not to grant Mr Chen the visa, finding that as the employer nomination had not been approved, clause 187.233(3) was not satisfied.