Lau (Migration)

The Administrative Appeals Tribunal considered the case of Mr Lau, who sought review of a decision to refuse his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant's sponsoring employer, the Trustee for the MLY Investment Trust (trading as Taro Taro Perth), had its nomination application refused by the Department of Immigration.

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 position to which the visa application relates must be the subject of an approved nomination, that the employer who made the nomination must be the one who will employ the applicant, and that the nomination must not have been withdrawn. Furthermore, for nominations made on or after 1 July 2017, the nomination must identify the applicant in relation to the position, and the visa application must be made no more than six months after the nomination was approved.

The Tribunal noted that the nomination application lodged by the applicant's sponsoring employer was refused by the Department on 12 April 2018, and this decision was not reviewed by the employer. Consequently, the Tribunal found that the requirement for an approved nomination under cl.187.233(3) was not met. Despite being given an opportunity to comment on this information, the applicant acknowledged he was aware of the nomination's refusal and provided a personal history of unsuccessful visa applications.

As the essential criterion of an approved nomination was not satisfied, the Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa.