Jordan (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have the decision of the delegate of the Minister for Home Affairs reviewed by the Tribunal. The nominator, The Trustee for BPTrust, had its application for approval of the nominated position refused, and this decision was affirmed by the Administrative Appeals Tribunal (AAT) prior to the current review.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.187.233 of the Migration Regulations 1994, specifically whether there was an approved nomination in relation to the applicant. The Tribunal also considered whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream.

The Tribunal reasoned that cl.187.233 requires, among other things, that the nominated position be the subject of an approved nomination. As the nominator's application for approval of the nominated position had been refused and that refusal affirmed by the AAT, there was no approved nomination. The Tribunal noted that while it accepted the applicant was a credible witness and was not unsympathetic to her difficult employment situation, the issue before it was narrow and there was no discretion to grant a favourable visa outcome in the absence of an approved nomination.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, as the essential criterion of an approved nomination had not been met.