Lau (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a position as a Massage Therapist. The dispute centred on whether the applicant had satisfied the criteria for an approved nomination for the position.

The Tribunal was required to determine if there was an approved nomination in place for the applicant's nominated position, as required by clause 187.233 of the Migration Regulations. This involved assessing whether the nomination had been approved, not subsequently withdrawn, and whether the applicant had responded to information provided by the Tribunal regarding the nomination's refusal.

The Tribunal found that the nomination made by MING THERAPIST PTY LTD for the applicant's position as a Massage Therapist had been refused by a delegate of the Minister on 17 June 2019. The Tribunal had invited the applicant to respond to information that the application for review of this refusal had been withdrawn by the nominator. Despite being given an opportunity to comment, the applicant failed to provide a substantive response to this adverse information within the prescribed time or subsequently. Consequently, the Tribunal concluded that the applicant had not satisfied the requirements for the visa, specifically the criterion relating to an approved nomination.

The Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa.