LAOSOPAPHAN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to have a decision affirmed that refused to grant this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa, specifically in relation to the Direct Entry stream. This involved determining if the nominated position was approved, if the nominator was the intended employer, and if the nomination had been subsequently withdrawn or if there was adverse information concerning the nominator. The Tribunal also considered whether the applicant had met the requirements for other visa streams, such as the Residence Transition stream or the Agreement stream, and whether any family members were eligible based on the applicant's primary eligibility.

The Tribunal affirmed the delegate's decision to refuse the visa. The delegate had found that the nomination lodged by REVIVAL ALRIGHT AUSTRALIA PTY LTD was refused, and therefore, clause 187.233(3) of the relevant regulations 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 streams. Furthermore, the Tribunal had previously affirmed a separate decision relating to the associated nominator, which was relevant to the requirement that the nomination be approved. As the applicant had not met the essential criteria for the Direct Entry stream, the Tribunal concluded that the decision under review should be affirmed.

The Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.