Lu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, under the Direct Entry stream. The dispute centred on whether the applicant met the eligibility requirements for this visa subclass, specifically concerning the nomination process.

The primary legal issue before the Tribunal was whether the applicant had satisfied criterion 187.233, which mandates that the position for which the visa is sought must be the subject of an approved nomination in the Direct Entry stream and located in regional Australia. This criterion further requires that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's nominator's application for nomination approval had been refused prior to the Tribunal's review. The applicant acknowledged this refusal and conceded that a visa application could not succeed without an approved nomination. While the applicant provided information regarding his personal circumstances, expertise, and difficulties in finding new sponsorship after eight years in Australia, this information was deemed insufficient to grant the visa. Consequently, the Tribunal found that criterion 187.233 was not met.

As the applicant had only sought to satisfy the criteria for the subclass 187 visa under the Direct Entry stream, and these requirements had not been met, the Tribunal affirmed the delegate's decision not to grant the visa.