Lau (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application by AUS Communication Technology Pty Ltd and Ms Mo Yin Lau concerning the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The core dispute revolved around whether the employer's nomination for the position of Retail Manager (General) had been approved, which was a prerequisite for Ms Lau's visa application.

The Tribunal was required to determine if the nomination satisfied the relevant provisions of the Migration Regulations, specifically r.5.19(4)(h)(ii) or r.5.19(4) as it stood prior to 1 July 2012, and whether the nomination had been approved by the Minister. Furthermore, the Tribunal needed to assess if Ms Lau could satisfy clause 187.233(3) of the Migration Regulations, which requires evidence of an approved nomination.

The Tribunal reasoned that the Department had refused the nomination application on the basis that it did not meet the regulatory requirements. Subsequently, Ms Lau's visa application was refused because the employer's nomination was not approved. The Tribunal notified Ms Lau that without evidence of an approved nomination, she could not satisfy clause 187.233(3) and invited her to respond. As Ms Lau did not provide a response within the stipulated period, the Tribunal proceeded to make a decision based on the available information. The Tribunal concluded that the requirements for the Direct Entry stream of the Subclass 187 visa had not been met.

Consequently, the Tribunal affirmed the decision of the Department not to grant Ms Lau's Regional Employer Nomination (Permanent) (Class RN) visa.