Lee (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by the applicant, Lee. The decision under review was the refusal to grant the visa. The Administrative Appeals Tribunal, constituted by Member Antonio Dronjic, was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations 1994. This clause, as applicable, required that the nominated position be located in regional Australia, that the nomination application be approved and not withdrawn, that the nominator be the prospective employer, that there be no adverse information known to Immigration concerning the nominator or associated persons, that the position remain available, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the nomination application lodged by Dongmun Greentec Pty Ltd on behalf of the applicant had not been approved at the time of the Tribunal's decision. Consequently, the Tribunal concluded that the applicant failed to meet the requirements of clause 187.233. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had not met those requirements, the Tribunal affirmed the decision not to grant the visa.