Joo (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 a Retail Manager (General) position. The applicant sought an adjournment of the hearing pending the finalisation of a judicial appeal. The Tribunal, constituted by Susan Trotter, was required to determine whether the applicant met the requirements of the visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria under cl.187.233(3) of the Migration Regulations 1994, specifically concerning the nomination of the position. This involved assessing whether the nominated position had an approved nomination, whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was made within six months of the nomination approval.

The Tribunal found that the nomination application lodged by the nominator had been refused on 4 January 2018, and this refusal was affirmed by the Tribunal on 23 September 2020. Consequently, there was no approved nomination in place for the position to which the applicant's visa application related. As the applicant had not met this essential criterion for the Direct Entry stream, the Tribunal was not satisfied that the applicant met the requirements for the visa. The second applicant, a family member, also failed to meet the secondary visa criteria or demonstrate eligibility for the primary visa in their own right.

The Tribunal affirmed the decision not to grant the applicant, and the second-named applicant, a Subclass 187 visa.