Le (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by Mr Le and his spouse, Mr Dinh Lam Hung Nguyen. The primary applicant sought to satisfy the criteria for the Direct Entry stream only.

The central legal issue before the Tribunal was whether the primary applicant had met the requirements for the Subclass 187 visa in the Direct Entry stream. This involved assessing whether the nominated position met the relevant criteria, whether the nominator was the prospective employer, and whether the nomination had been approved and not withdrawn. The Tribunal also considered whether there was adverse information concerning the nominator and the timeliness of the visa application relative to the nomination approval.

The Tribunal affirmed the decision not to grant the visa. It reasoned that the requirements for the Direct Entry stream had not been met by the primary applicant. Consequently, the decision was affirmed in respect of both the primary applicant and his spouse, who was claimed as a member of the same family unit. The Tribunal's decision was made by Member Stavros Georgiadis.