Hammas (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, specifically within the Direct Entry stream. The applicant sought to satisfy the criteria for this visa subclass, and no claims were made in relation to other visa streams. The decision under review was affirmed.

The legal issue before the court was whether the applicant had met the requirements for a Subclass 187 visa in the Direct Entry stream. This involved assessing whether the nominated position met the criteria outlined in subregulation 5.19(12) and related provisions, and whether the applicant's circumstances satisfied the conditions for the visa.

The court found that the requirements for the Direct Entry stream had not been met by the applicant. Consequently, the decision not to grant the visa was affirmed. The Senior Member noted that the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not made claims in respect of other visa streams. As the necessary requirements for the Direct Entry stream were not satisfied, the decision under review was affirmed.