Chen (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Chen, who sought review of a decision to refuse her Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The core of the dispute revolved around whether an approved nomination for a position existed in relation to her visa application.

The Tribunal was required to determine if the applicant met the primary criteria for the Subclass 187 visa, specifically whether there was an approved nomination for the position that the visa application related to. This involved assessing whether the nomination met the requirements of clause 187.233 of the Migration Regulations 1994, including that the nominator was the prospective employer, the nomination had been approved and not withdrawn, and that the visa application was made within six months of the nomination's approval.

The Tribunal's reasoning focused on the mandatory requirement of an approved nomination. It noted that the applicant's associated nomination by Seawalker@Green Island Pty Ltd had been refused on 20 February 2018, and a previous Tribunal decision had found no jurisdiction to review that refusal. Consequently, the Tribunal concluded that without an approved nomination, the applicant could not satisfy the primary criteria for the visa. The applicant acknowledged understanding this critical deficiency.

The Tribunal affirmed the decision to refuse the applicant's visa. As a consequence of affirming the primary applicant's refusal, the Tribunal also affirmed the decision to refuse the secondary applicant's visa.