HUANG (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Ms Huang. The Administrative Appeals Tribunal was required to determine whether Ms Huang met the criteria for this visa, specifically cl.187.233, which pertains to the nomination of a position.

The central legal issue before the Tribunal was whether the applicant was the subject of an approved nomination as required by cl.187.233 of the Migration Regulations 1994. This clause mandates that for the Direct Entry stream, the position must have been the subject of an approved nomination under specific regulations, and that the applicant must be identified in that nomination. Furthermore, the employer who made the nomination must be the prospective employer of the applicant, the nomination must have been approved and not subsequently withdrawn, and certain conditions regarding adverse information and the availability of the position must be met.

The Tribunal reasoned that to satisfy cl.187.233, the applicant needed to be the subject of an approved nomination. The Tribunal had previously affirmed the decision to refuse the approval of the nomination made by Kerry’s Traditional Chinese Massage Centre Pty Ltd in respect of Ms Huang. As the nomination had been refused, the Tribunal concluded that regulation 187.233(3) was not met. Consequently, as the applicant had not met the essential requirements for the Direct Entry stream of the Subclass 187 visa, the Tribunal affirmed the decision under review.