Liang (Migration)

This matter concerned an application for review of a decision to refuse Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicants sought to have the decision of the Department of Home Affairs set aside, with the Tribunal considering the claims and evidence before it.

The primary legal issue before the Tribunal was whether there was an approved nomination associated with the applicants' visa application, as required by the relevant legislative provisions. Specifically, the Tribunal had to determine if the applicants met the criteria outlined in clauses 187.233 and 187.311 of the Migration Regulations 1994. The Tribunal had previously notified the applicants that it intended to affirm the Department's decision to refuse the nomination lodged by Forbes Partners Pty Ltd, which was a prerequisite for the visa application.

The Tribunal reasoned that clause 187.233(3) mandates that a nomination must be approved by the Minister for the visa application to be valid. The Tribunal noted that the nomination lodged by Forbes Partners Pty Ltd had been refused by a delegate of the Minister for Home Affairs. Furthermore, the Tribunal had advised the applicants that it intended to affirm this refusal, and that clause 187.233(3) required an approved nomination in which the first applicant was the nominee, and clause 187.311 required the other applicants to be members of the family unit of a person holding the visa. As the applicants had not provided any comments or responses to the Tribunal's notification, and the essential requirement of an approved nomination had not been met, the Tribunal concluded that the applicants did not satisfy the criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.