Huang (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision of the Department of Immigration and Border Protection affirmed, which had refused to grant the visa. The core of the dispute revolved around whether the relevant nomination for the position of Office Manager had been approved by the Minister, as required by clause 187.233 of the Migration Regulations 1994.

The Administrative Appeals Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically focusing on the requirement for an approved nomination. This involved assessing whether the nominated position was located in regional Australia, whether the nominator was the prospective employer, and whether the nomination had been approved and not subsequently withdrawn. The Tribunal also considered whether there was any adverse information known to Immigration concerning the nominator or associated persons, and the timeliness of the visa application relative to the nomination approval.

The Tribunal found that the applicant had provided no additional information or submissions to support their review application, despite being invited to do so by both the Department and the Tribunal. The Department had previously sent a natural justice letter regarding the unapproved nomination, to which the applicant did not respond. Consequently, the Tribunal concluded that it had no further information to consider and that the nomination had not been approved. As the applicant had failed to meet the essential criteria for the visa, particularly the requirement of an approved nomination, the Tribunal affirmed the decision under review.