LI (Migration)

This matter concerned an application for review of decisions to refuse Regional Employer Nomination (Permanent) visas (Subclass 187) in the Direct Entry stream. The applicants were Ms Qin Li and secondary applicants Mr Zhiqiang Liu, Miss Yuxuan Liu, and Miss Yuling Liu. The sponsoring employer, Export Business Connect Pty Ltd, had applied for approval of a nomination for the position of Importer or Exporter. The Department had refused the employer's nomination application, and subsequently refused Ms Li's visa application. The Administrative Appeals Tribunal (AAT) was required to determine whether the employer's nomination had been approved, as this was a prerequisite for the grant of the visa.

The Tribunal was required to determine whether the nominated position was the subject of an approved nomination, as stipulated by cl.187.233 of Schedule 2 to the regulations. This involved assessing whether the employer's application for nomination approval had been successful, and if so, whether that approval remained valid. The Tribunal also considered whether the applicants had met the other requirements for the Subclass 187 visa in the Direct Entry stream, particularly as secondary applicants.

The Tribunal reasoned that the employer's nomination application had been refused by the Department and this decision was affirmed on review by the AAT. Consequently, there was no approved nomination in place. The Tribunal had invited the applicants to comment on this information, which was considered a reason for affirming the decisions under review, as an approved nomination is a mandatory requirement for the visa. As the applicants, including the secondary applicants, had not satisfied this essential criterion, and no claims were made in respect of other visa streams, the Tribunal concluded that the decisions under review must be affirmed.

The Tribunal affirmed the decisions not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.