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 a decision affirmed by the Tribunal, which had refused to grant the visa. The core of the dispute revolved around whether the nominated position met the requirements of the relevant migration regulations.

The Tribunal was required to determine whether the position to which the visa application related was the subject of an approved nomination, as stipulated by clause 187.233 of the Migration Regulations. This clause, as applicable, required the position to be located in regional Australia, identified in the nomination application, and that the nominator be the prospective employer. Further, the nomination must have been approved and not subsequently withdrawn, with no adverse information known to Immigration, the position remaining available, and the visa application lodged within six months of the nomination's approval.

The Tribunal found that the nomination lodged by The Trustee for BMA Unit Trust was refused on 15 May 2019. Although an application for review of this refusal was lodged with the Tribunal, that review application was subsequently withdrawn by the nominator on 25 July 2022. Consequently, the nomination application for the position specified in the visa application had not been approved. As the essential criterion of an approved nomination under cl 187.233 was not met, and the applicant had not sought to satisfy the criteria for any other visa stream, the Tribunal concluded that the decision under review should be affirmed. The Tribunal affirmed the decision not to grant the applicant the visa.