Kang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant sought these visas for themselves and their family unit. The core of the dispute revolved around the refusal of the nominated position, which was affirmed on review by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for the grant of the Subclass 187 visa, specifically focusing on the requirements for the nominated position under clause 187.233 of the Migration Regulations 1994. This included whether the nominated position was the subject of an approved nomination, whether the employer was the nominator, whether the nomination had been withdrawn, whether there was adverse information concerning the nominator or associated persons, and whether the position remained available to the applicant within the prescribed timeframe.

The Tribunal reasoned that a critical element for the direct entry stream of the Subclass 187 visa is the approval of the nominated position. It noted that the nomination for the position of Retail Manager had been refused in a separate AAT casefile, and this refusal had been affirmed. Consequently, the Tribunal informed the applicants that this affirmed refusal of the nomination would likely lead to the affirmation of the visa refusal, as the primary applicant could not satisfy clause 187.233(3) without evidence of an approved nomination.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants. This outcome was based on the failure to meet the essential criteria for the direct entry stream, specifically the requirement for an approved nomination for the position.