Gabba (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant's eligibility for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, under the Direct Entry stream. The applicant sought to have the decision not to grant the visa set aside.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the subclass 187 visa, specifically focusing on the nomination requirements under clause 187.233. This clause mandates that the position must have been the subject of an approved nomination application in regional Australia, and for nominations made on or after 1 July 2017, the applicant must be identified in relation to that position. Further requirements include that the nominator must be the prospective employer, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that there was no evidence before it demonstrating an approved nomination in place, as required by clause 187.233(3) and consequently clause 187.233. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met these essential requirements, the Tribunal concluded that the decision under review should be affirmed. The Tribunal therefore affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.