Lin (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the direction entry stream. The applicant sought to have the decision to refuse the visa grant set aside. The core of the dispute revolved around whether the applicant met the essential criteria for the visa, specifically concerning the nomination of the position.

The Tribunal was required to determine whether the applicant satisfied the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates, among other things, that the position to which the visa application relates must be the subject of an approved nomination, that the nominator must be the prospective employer, and that the visa application must be made within six months of the nomination's approval. A critical aspect of the determination was whether the nomination itself had been approved.

The Tribunal found that the nomination application had not been approved. On 25 January 2021, the Tribunal had affirmed a decision refusing the approval of the nomination. The Tribunal explained to the applicant that without an approved nomination, she could not satisfy clause 187.233(3) of the Regulations, which is an essential criterion for the grant of the Subclass 187 visa. The applicant acknowledged her understanding of this requirement.

Consequently, as the applicant had not met the essential criteria for the Subclass 187 visa in the Direct Entry stream, the Tribunal affirmed the decision not to grant the visa.