Li (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. The dispute arose when the Department of Home Affairs refused to approve the applicant's nomination, a decision the applicant sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, specifically concerning the approval of the employer's nomination. This involved determining if the nominated position met the requirements of the relevant regulations, if the nominator was the intended employer, if the nomination had been approved and not withdrawn, and if there was any adverse information concerning the nominator or associated persons that could not be disregarded. The Tribunal also had to consider whether the position remained available to the applicant and if the visa application was lodged within the prescribed timeframe after the nomination approval.

The Tribunal found that the applicant had not provided any further information or arguments beyond the initial application lodged with the Tribunal. Despite multiple invitations from the Tribunal, including a request for information regarding an approved nomination or pending review, the applicant failed to respond. The Tribunal noted that no additional information was presented that had not already been before the Department when the initial decision was made. Consequently, as the applicant had not satisfied the essential criteria for the visa, particularly the requirement for an approved nomination, the Tribunal affirmed the Department's decision.