HO (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicants sought review of the delegate's decision to refuse the visa.

The Tribunal was required to determine whether the applicants met the criteria for the Subclass 187 visa, specifically concerning the nomination of a position by the employer, Annilax Enterprises Pty Ltd. Key issues included whether the nomination had been approved and whether the applicants had provided a satisfactory response to a notice issued by the Tribunal regarding adverse information. The Tribunal also had to consider its jurisdiction in relation to one of the applicants, Mr Phuc Tam HO.

The Tribunal affirmed the decision to refuse the visa for the first and second applicants. This was primarily because the nomination application made by Annilax Enterprises Pty Ltd had been refused by a delegate of the Minister, and this refusal was affirmed by the Tribunal. The applicants were provided with an opportunity to comment on this information, but no response was received. The Tribunal found that it had no jurisdiction with respect to Mr Phuc Tam HO, as he was offshore at the time of the visa application and the review, and there was no merits review right for the decision relating to him.