Fatima (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision not to grant the visa. The Tribunal also considered the status of secondary applicants, Zishan Mallick and Rayyan Mallick, in relation to the primary applicant's visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 187.233 of the Migration Regulations, specifically concerning the necessity of having an approved nomination for the position. The Tribunal was also required to determine if the secondary applicants qualified as members of the family unit of the primary applicant for the purposes of the visa.

The Tribunal reasoned that for a Direct Entry stream application under cl.187.233, the relevant position must have been the subject of an approved nomination. The Tribunal noted that in this case, an application for nomination by Medical Training and Development Pty Ltd had been refused by the Department, and this refusal was affirmed by the Tribunal in a prior decision. Consequently, there was no approved nomination for the applicant. Furthermore, the Tribunal found that the secondary applicants did not meet the definition of a family unit under r.187.311.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.