Ingson (Migration)

The Administrative Appeals Tribunal considered a review application by a visa applicant, Ingson, concerning the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to work as a Residential Care Officer, with her nomination lodged by Frangipani Gentle Care Group Homes Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant's nomination for the position had been approved, as required by clause 187.233 of the Migration Regulations. This clause mandates that the position must be the subject of an approved nomination located in regional Australia, and for nominations made on or after 1 July 2017, the applicant must be identified in relation to the position.

The Tribunal reasoned that the evidence before it indicated that the nomination had been refused by the Department on 22 August 2018. Despite being provided with an opportunity to comment on this refusal and subsequently being requested to provide information regarding the nomination's status, the applicant failed to respond substantively or provide evidence of an approved nomination or a review of the refusal. The applicant acknowledged awareness of the nomination refusal and that a review had not been lodged. Consequently, the Tribunal found that the applicant did not meet the requirement of an approved nomination under clause 187.233(3).

As the primary applicant had not met the visa requirements, the Tribunal also affirmed the decision in respect of any secondary applicants who applied as members of her family unit. The Tribunal therefore affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas.