Lumajin (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The applicant's visa application was based on a nomination made by Frangipani Gentle Care Group Homes Pty Ltd. The delegate of the Minister had refused this nomination.

The primary legal issue before the Tribunal was whether the applicant's nominated position met the requirements of clause 187.233 of the Migration Regulations. Specifically, the Tribunal had to determine if the nomination had been approved, as required by subclause 187.233(3), and if the nominating employer had applied for a review of the nomination refusal.

The Tribunal found that the Department's records indicated the nomination was refused on 22 August 2018, and there was no evidence of a subsequent approval or an application for review by the nominating employer. Despite the applicant's belief, based on information from her representative, that a review had been lodged, the Tribunal was not satisfied that this had occurred. Consequently, the Tribunal concluded that the applicant did not meet the criterion that the Minister had approved the nomination. The Tribunal affirmed the decision not to grant the visa.