Cho (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 primary dispute concerned whether the applicant met the requirements of cl.187.233 of Schedule 2 of the Migration Regulations 1994. The Tribunal was required to determine if the nominated position of Aquaculture Farmer had an approved nomination, as mandated by the regulations, and if all other associated criteria for the nomination and visa application were satisfied.

The Tribunal's reasoning focused on the critical requirement that the position be the subject of an approved nomination. It noted that the nomination made by Australian Coral Coast Mariculture Pty Ltd for the Aquaculture Farmer position had been refused by the Department, and this decision was affirmed by the Tribunal on 30 August 2021. As there was no approved nomination, the Tribunal concluded that cl.187.233(3) of the Regulations was not met. Consequently, the applicant had failed to satisfy the primary criteria for the Subclass 187 visa in the Direct Entry stream.

Furthermore, the Tribunal addressed the secondary applicants, Mrs Jae Lim Jeon, Miss Yoojin Cho, and Miss Hye Rin Cho. It found that they did not meet the secondary criteria for being family members of a Subclass 187 visa holder, nor had they provided evidence to satisfy the primary criteria in their own right. Therefore, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to any of the applicants.