Kim (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 the first named applicant, with the second and third named applicants seeking to be included as family members. The dispute arose because the Tribunal was required to review a decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the Subclass 187 visa, specifically clause 187.233, which pertains to the nomination of a position in regional Australia. The Tribunal also considered whether the secondary applicants met the criteria to be included as family members of a primary applicant.

The Tribunal reasoned that clause 187.233(3) requires that the nomination be approved by the Minister. Based on the evidence before it, the Tribunal found that the nomination lodged by Hi Asian Food Pty Ltd on behalf of the first named applicant had not been approved at the time of the Tribunal's decision. Consequently, the Tribunal concluded that the first named applicant did not meet this essential criterion for the Direct Entry stream. Furthermore, the Tribunal found that the second and third named applicants did not meet the secondary criteria for family members, nor had they provided evidence to satisfy the primary visa criteria in their own right.

The Tribunal affirmed the decisions not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.