Kim (Migration)

The Administrative Appeals Tribunal affirmed a decision not to grant Regional Employer Nomination (Permanent) (Class RN) visas, subclass 187, to the primary and secondary applicants. The primary applicant sought the visa for a Retail Manager position, and the secondary applicants applied as members of the primary applicant's family unit.

The central legal issue before the Tribunal was whether the secondary applicants satisfied the requirements for a subclass 187 visa, specifically clause 187.311, given that the primary applicant had not been granted the visa.

The Tribunal reasoned that because the primary applicant, who was the principal applicant for the subclass 187 visa, did not hold such a visa, the secondary applicants, as members of his family unit, could not satisfy the criteria for their own applications. Consequently, the Tribunal affirmed the decision to refuse the visa applications for all applicants.