Ju (Migration)

This matter concerned an appeal by an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to challenge the decision of the Minister not to grant the visa. The core of the dispute revolved around the approval and subsequent withdrawal of the applicant's nomination by the employer.

The Tribunal was required to determine whether the Minister had approved the relevant nomination for the purposes of clause 187.233 of the Migration Regulations 1994. This involved assessing whether the nominated position met the specified criteria, including that the nominator was the prospective employer, that the nomination had been approved and not withdrawn, and that there was no adverse information known to Immigration, or that such information was reasonable to disregard. The Tribunal also considered whether the position remained available and if the visa application was made within the prescribed timeframe after nomination approval.

The Tribunal considered evidence including an email from the applicant's migration agent attaching a decision that the nomination was not approved, a Deed of Release, an affidavit, and court documents relating to proceedings against the previous visa sponsor. The applicant argued that their procedural justice had been breached by the nominator and that they should not be penalised for the nominator's negligence. However, the Tribunal found that the requirements for the Subclass 187 visa in the Direct Entry stream had not been met, specifically noting that the nomination had not been approved.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.