Lu (Migration)

The Administrative Appeals Tribunal (AAT) considered a case involving an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The dispute centred on the refusal of the nominated position, which consequently impacted the applicant's eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nomination of a position. This clause mandates that for the Direct Entry stream, the nominated position must have been approved under the relevant regulations, and that the nomination must be the one referred to in the visa application. Further requirements include that the nominator must be the intended employer, the nomination must not have been withdrawn, there must be no adverse information known to the Department about the nominator or associated persons, the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal reasoned that the delegate's decision to refuse the nomination lodged by SKQ Investments Pty Ltd meant that the applicant could not satisfy clause 187.233(3), which requires an approved nomination. The applicant's assertion of a new nomination was not considered relevant, as the regulations require the approved nomination to be the one specifically referenced in the visa application and declared by the applicant. Consequently, as the applicant failed to meet clause 187.233, they also failed to meet clause 187.311.

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