Dao (Migration)

This matter concerned an application for review of a decision not to grant the applicant, Mr Dao, a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Dao met the requirements of clauses 187.232 and 187.233 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the applicant possessed competent English language proficiency at the time of application and whether the nominated position met the specific criteria for the Direct Entry stream. This included requirements relating to the nomination itself, its approval, the employer, and the timing of the visa application relative to the nomination approval.

The Tribunal noted that the applicant had indicated on his application form that he had not undertaken an English language test within the preceding three years and had not provided any supporting evidence. Furthermore, the Tribunal had written to the applicant on two occasions, first requesting evidence of an approved nomination or a pending review of a nomination refusal, and subsequently inviting the applicant to a hearing to present evidence and arguments. The applicant failed to respond to either communication or attend the hearing. Consequently, the Tribunal concluded that the applicant had not satisfied the essential criteria for the visa in the Direct Entry stream.

The Tribunal affirmed the delegate's decision not to grant the visa, finding that the applicant had not met the necessary requirements for the Subclass 187 visa in the Direct Entry stream.