Jabri (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The primary dispute concerned whether an approved nomination for the position of ICT Account Manager, made by Move Services Pty Ltd, was valid. The Tribunal was required to determine if the requirements for an approved nomination, as stipulated by clause 187.233 of the Migration Regulations, were met, particularly in light of previous refusals and appeals related to the nomination.

The Tribunal's reasoning focused on the essential criterion that the position to which the visa application relates must be the subject of an approved nomination. It noted that the application for approval of the nominated position had been refused by a delegate of the Minister, and this decision was subsequently affirmed by the Tribunal itself. This directly contravened the regulatory requirement that the nomination must have been approved and not subsequently withdrawn. The Tribunal also considered the applicant's submissions regarding her work experience and future business aspirations, but found these did not overcome the fundamental issue with the nomination's approval status.

Consequently, the Tribunal affirmed the decision not to grant the Subclass 187 visa to the primary applicant. Furthermore, the Tribunal affirmed the decision to refuse visas to the secondary applicants, as they were not members of the primary applicant's family unit and did not meet the primary criteria in their own right.