Lee (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, by Sheridan Lee. The applicant sought merits review of a decision by the Tribunal that affirmed a delegate's refusal to grant the visa. The core of the dispute revolved around whether the position nominated by Orthosmart for the applicant had been approved by the Minister, a prerequisite for visa grant.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa, specifically clause 187.233, which mandates that the position to which the application relates must be the subject of an approved nomination. The Tribunal also had to consider whether the applicant was identified in the nomination application and whether the nomination had been approved by the Minister.

The Tribunal reasoned that a key requirement for the visa, as set out in clause 187.233(3), is that the Minister must have approved the nomination. The delegate of the Minister had refused the nomination application lodged by Orthosmart on behalf of the applicant. The applicant, in response to the Tribunal's invitation to comment on this information, acknowledged that he was not the subject of an approved nomination. Consequently, the Tribunal found that the applicant did not satisfy the requirements of clause 187.233(3) at the time of its decision.

As the applicant had only sought to satisfy the criteria for the Direct Entry stream of the Subclass 187 visa and had not met the essential requirement of an approved nomination, the Tribunal affirmed the decision under review. The Tribunal therefore affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.