Li (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to have the decision not to grant the visa affirmed. The Tribunal was required to determine whether the applicant met the requirements for the approval of the nomination under the Direct Entry stream, as well as the secondary criteria for the grant of the visa for the applicant and their spouse as members of the same family unit.

The primary legal issue before the Tribunal was whether the nomination for the position was approved, as required by clause 187.233(3) of the Migration Regulations 1994. The Tribunal considered the evidence and noted that the applicant had only sought to satisfy the criteria for the Subclass 187 visa in the Direct Entry stream. The Tribunal advised the applicant that without an approved nomination, they would not meet the necessary criteria for the grant of the visa, and that this would be a reason for affirming the decision under review.

The Tribunal reasoned that for the nomination to be approved, all the requirements set out in clause 187.233 must be met, including that the Minister has approved the nomination. As the Tribunal concluded that the required nomination had not been approved, the applicant did not satisfy the criteria for the visa. Consequently, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.