Li (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically the Direct Entry stream. The applicant sought to have a decision of the Tribunal, which affirmed a refusal to grant the visa, reviewed. The core of the dispute revolved around whether the applicant met the essential criteria for the visa, particularly concerning the requirement for an approved nomination.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations 1994. This clause outlines several requirements for a nomination to be valid for the purpose of a Subclass 187 visa in the Direct Entry stream. These include that the position must be the subject of an approved nomination, that the applicant must be identified in the nomination (if made after 1 July 2017), that the nominator must be the prospective employer, that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration, that the position must remain available, and that the visa application must be lodged within six months of the nomination's approval.

The Tribunal reasoned that to meet clause 187.233, the applicant must be the subject of an approved nomination. It noted that the nomination application by Thredbo Valley Distillery Pty Ltd, which was the subject of the declaration when the applicant lodged their visa application, had been refused on 2 August 2018. As the applicant had not provided any evidence demonstrating they were the subject of an approved nomination, the Tribunal concluded that clause 187.233(3) was not met. Consequently, the applicant failed to satisfy an essential criterion for the grant of a Subclass 187 visa in the Direct Entry stream.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa. This outcome was based on the applicant's failure to meet the essential criteria for the Subclass 187 visa in the Direct Entry stream, specifically the requirement for an approved nomination. No claims were made in respect of other visa streams.