LI (Migration)

The Administrative Appeals Tribunal (AAT) considered a case involving applicants seeking a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream. The core dispute revolved around whether the applicants met the requirements for this visa subclass, specifically concerning the nomination of a position by an employer.

The primary legal issue before the Tribunal was to determine if the applicants satisfied the criteria outlined in clause 187.233 of the Migration Regulations 1994. This clause mandates that for the Direct Entry stream, the position must be the subject of an approved nomination, and that nomination must have been approved and not subsequently withdrawn. The Tribunal also had to consider whether the applicants had provided sufficient evidence to demonstrate compliance with this and related criteria, particularly in light of a prior decision to refuse the employer's nomination.

The Tribunal's reasoning focused on the fact that the nomination made by Man Office (Australia) Pty Ltd in respect of the applicants had been refused on 11 July 2018. As clause 187.233(3) requires an approved nomination, and this condition was not met due to the refusal, the applicants could not satisfy the visa requirements. Despite the applicants' submission that the nomination refusal was unfair and that documents may have been overlooked, the Tribunal noted that its prior decision to affirm the refusal of the nomination was relevant to the applicants' ability to meet the visa criteria. Consequently, the Tribunal affirmed the decision not to grant the applicants the Subclass 187 visas.