K C (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 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant claimed to be an innocent victim of a scam, believing he had been nominated for a position with a cafe or restaurant. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa, specifically clause 187.233, which necessitates an approved nomination application for a position in regional Australia, with the applicant identified in that nomination.

The Tribunal considered clause 187.233, which mandates that the position must be the subject of an approved nomination application in the Direct Entry stream, located in regional Australia, and that the applicant must be identified in relation to that position. Further requirements include that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available, and the visa application must be made within six months of the nomination's approval. The Tribunal accepted that the applicant was an innocent victim of a scam and that the nomination application had not been made by the named nominee.

The Tribunal found that the applicant had not been the subject of an approved nomination in the Direct Entry stream, and therefore, clause 187.233 was not satisfied. The applicant had only sought to satisfy the criteria for the Subclass 187 visa in the Direct Entry stream and had made no claims in respect of other visa streams. As the essential requirements for the Direct Entry stream had not been met, the Tribunal affirmed the decision under review. The Tribunal affirmed the decision not to grant the applicant the visa.