Kotakala (Migration)

The Administrative Appeals Tribunal considered the case of the applicants seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The dispute arose from the refusal of the applicants' visa application, which was affirmed on review by the Tribunal. The core of the matter concerned the validity of the nominated position, which was a prerequisite for the visa.

The primary legal issue before the Tribunal was whether the applicants had satisfied the criteria for the Subclass 187 visa, specifically concerning the approved nomination of the office manager position. This involved determining if the nominated position met the requirements of clause 187.233 of the relevant migration regulations. A secondary issue was the consequence of the applicants' failure to respond to the Tribunal's invitation to provide comments on information that indicated a potential reason for affirming the delegate's decision.

The Tribunal reasoned that the applicants' visa application could not be granted if they failed to satisfy the criteria in clause 187.233. The Tribunal had invited the applicants to comment on the fact that the nominator's application for approval of the nomination had been refused by the Department and that this refusal had been affirmed by the Tribunal. As the applicants did not provide any response or comments by the specified deadline, the Tribunal proceeded to make a decision without further steps, as permitted by section 359C of the Migration Act 1958 (Cth). The Tribunal noted that the applicants had not made any claims in respect of other visa streams and that the requirements for the direct entry stream, including the approved nomination, had not been met.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.