Leggatt (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The core dispute revolved around whether the applicant was the subject of a valid and approved nomination for the Sales and Marketing Manager position. The Tribunal, presided over by Michelle East, was tasked with determining if the applicant met the criteria for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the existence of an approved nomination for the position. This involved assessing whether the nominated position was located in regional Australia, whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, and if there was any adverse information concerning the nominator or associated persons. The Tribunal also had to consider the validity of a section 375A Certificate provided by the Department, which initially appeared to be invalid due to a lack of signature.

The Tribunal's reasoning focused on the evidence presented regarding the nomination. While a re-issued section 375A Certificate was provided, the Tribunal found that the content of the associated non-disclosure of Departmental ICSE records and COI notes was irrelevant to its decision. Crucially, based on the evidence before it, the Tribunal was not satisfied that an approved nomination existed at the time of its decision. Consequently, it concluded that subclause 187.233(3) of the Migration Regulations 1994 was not met.

As the applicant had only sought to satisfy the criteria for the Subclass 187 visa in the Direct Entry stream and had failed to meet the essential requirements, the Tribunal affirmed the decision not to grant the visa.