LI (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed by the Tribunal, which had refused to grant the visa. The core of the dispute revolved around whether the applicant was the subject of an approved nomination as required by the relevant migration regulations.

The Tribunal was required to determine whether the applicant met the criteria under clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the position to which the application related was the subject of an approved nomination, whether the applicant was identified in that nomination (if made after 1 July 2017), and whether other conditions such as the nominator being the prospective employer, the nomination not being withdrawn, the absence of adverse information, the continued availability of the position, and the timely lodgement of the visa application were satisfied.

The Tribunal's reasoning focused on the applicant's failure to satisfy clause 187.233. It was noted that the applicant had only sought to meet the criteria for the Direct Entry stream and had not made claims in respect of other visa streams. As the essential requirements for the Direct Entry stream, particularly concerning the approved nomination, were not met, the Tribunal concluded that the decision under review should be affirmed.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.