Lu (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for an Office Manager. The applicant sought review of a decision to affirm the refusal of her visa application.

The primary legal issue before the Tribunal was whether the position to which the applicant's visa application related was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations 1994. This clause, as applicable, stipulated several conditions, including that the nomination must have been approved, not subsequently withdrawn, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by Tallship Island Adventures Pty Ltd was refused on 15 March 2019. Although an application for review of this refusal was lodged, the employer subsequently withdrew their application for review. On 3 May 2022, the Tribunal determined it lacked jurisdiction to review the delegate's decision to refuse the employer nomination because it had been withdrawn. As there was no evidence that the position was the subject of an approved nomination, the Tribunal concluded that the applicant did not meet the criteria under cl.187.233. Consequently, the secondary applicant also failed to meet the criteria under cl.187.311.

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