Jiang (Migration)

The Administrative Appeals Tribunal considered an application for Regional Employer Nomination (Permanent) (Class RN) visas, subclass 187, Direct Entry stream, by the applicants. The matter came before Member Stephen Witts.

The primary legal issue before the Tribunal was whether the applicants had satisfied the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of a nomination for the position. This clause requires, among other things, that the nominated position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that the visa application is made within six months of the nomination's approval.

The Tribunal noted that the applicant had provided a delegate's decision record indicating that a nomination lodged by R W LANGLEY WHOLESALE MEAT PTY LTD on behalf of the applicant was refused by the Department on 10 April 2019. As the applicants did not attend the hearing and presented no other evidence, the Tribunal concluded that clause 187.233 was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.