Lai Shan Kibe (Migration)

This matter concerned an application for review of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, to Miss Ng. The applicant's sponsoring employer, referred to as "the Company," had its nomination refused by the Department of Immigration and Border Protection. The Company did not seek a review of this refusal by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the position to which the application relates must be the subject of an approved nomination in the Direct Entry stream, and that the nominating person is the prospective employer.

The Tribunal reasoned that a fundamental requirement for the visa was an approved nomination. As the Department had refused the Company's nomination and no review of that refusal was sought, the criterion of an approved nomination was not met. The Tribunal noted that the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not made claims in respect of other visa streams.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, as the essential requirements for the Direct Entry stream had not been met.