Lyons (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Department of Immigration and Border Protection to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for Mr Kenneth James Lyons, nominated for the position of Carpenter. The employer, Eagle Formwork Pty Ltd, had applied for approval of the nomination, which was subsequently refused by the Department.

The primary legal issue before the Tribunal was whether the employer's nomination for the position of Carpenter had been approved, as required by clause 187.233 of the Migration Regulations. This requirement is fundamental for an applicant seeking a Subclass 187 visa in the Direct Entry stream. The Tribunal also considered the implications of the employer's subsequent withdrawal of their application for review of the nomination refusal.

The Tribunal reasoned that the employer's nomination application was refused by the Department on 19 April 2017. Subsequently, Eagle Formwork Pty Ltd withdrew its application for review of this decision with the Tribunal on 29 May 2019. Upon acceptance of this withdrawal, the Tribunal lost jurisdiction to review the delegate's decision regarding the nomination, meaning the refusal of the nomination stood. The Tribunal then notified Mr Lyons that without an approved nomination, he could not satisfy clause 187.233(3) of the Migration Regulations and invited him to respond. As Mr Lyons did not respond within the prescribed period, the Tribunal proceeded to make a decision based on the available information.

The Tribunal affirmed the decision not to grant Mr Lyons' visa, concluding that the essential requirement of an approved nomination had not been met, and therefore, the criteria for the Subclass 187 visa in the Direct Entry stream were not satisfied.