Figliuzzi (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Figliuzzi for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, specifically within the Direct Entry stream. The dispute arose because the applicant had not met the prescribed criteria for this visa stream, leading to the affirmation of the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements for a Subclass 187 visa under the Direct Entry stream. This involved assessing whether the nominated position met the criteria outlined in regulation 187.233 of the Migration Regulations 1994, including the validity of the nomination and its subsequent withdrawal.

The Tribunal, in affirming the decision, reasoned that the applicant had failed to meet the essential criteria for the Direct Entry stream of the Subclass 187 visa. The decision highlights that the nominated position must be one that was nominated in an application for approval, made in relation to a Direct Entry stream visa, and that the nomination must not have been withdrawn. As these requirements, among others stipulated in regulation 187.233, were not met by the applicant, the Tribunal had no alternative but to affirm the original decision.