Choi (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of *Choi* concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the direct entry stream. The applicant sought review of a decision to refuse their visa application, which was based on a nominated position of Cook. The core of the dispute revolved around the validity of the withdrawal of the employer's nomination application.

The primary legal issue before the Tribunal was whether the nomination application had been validly withdrawn by the nominator. This question turned on whether the withdrawal, purportedly made by a single director of the sponsoring company, was effective in law, given the company's structure and the circumstances surrounding the withdrawal.

The Tribunal reasoned that the withdrawal of the nomination application was valid. It found that the sole director who initiated the withdrawal had the authority to do so, and that this action effectively nullified the nomination. The Tribunal noted that the position remained open and that the applicant was considered a valuable employee. However, the validity of the withdrawal meant that the essential requirement of a valid nomination for the visa could not be met.

Consequently, the Tribunal affirmed the decision under review, upholding the refusal of the visa application due to the valid withdrawal of the employer's nomination.