Jao (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for an Accountant (General) position. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause mandates, among other things, that the position to which the application relates must be the subject of an approved nomination, that the nominator must be the prospective employer, that the nomination must not have been withdrawn, and that the visa application must be made within six months of the nomination's approval.

The Tribunal found that the applicant had not satisfied clause 187.233(3) because the nomination application associated with the position was not approved. The applicant acknowledged awareness of the nomination refusal and explained that the job loss was due to the impact of COVID-19, leading to part-time employment elsewhere. Despite having empathy for the applicant's circumstances, the Tribunal was bound to apply the legislation as it stood. As the applicant failed to meet this essential criterion for the visa, the Tribunal affirmed the decision under review.