KIM (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by an applicant seeking to work as a Metal Fabricator. The decision under review, which was affirmed by the Tribunal, was the refusal to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates, among other things, that the nominated position must be located in regional Australia, that the nomination application must have been approved and not subsequently withdrawn, and that the applicant must be identified in the nomination application where it was made on or after 1 July 2017.

The Tribunal found that the nomination application lodged by Dongmun Greentec Pty Ltd on behalf of the applicant had not been approved at the time of the Tribunal's decision. Consequently, the applicant failed to satisfy the requirements of clause 187.233. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met those requirements, the Tribunal affirmed the decision not to grant the visa.