Ma (Migration)

The Administrative Appeals Tribunal considered a case involving an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream for a Marketing Specialist position. The Department had refused the visa application, and this decision was under review by the Tribunal. The core of the dispute revolved around whether the applicant met the requirements of clause 187.233 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233, which outlines the criteria for a nominated position in the Direct Entry stream of a Subclass 187 visa. Specifically, the Tribunal had to determine if the nomination had been approved and not subsequently withdrawn, and crucially, whether there was any adverse information known to Immigration about the nominating person or an associated person that could not be disregarded.

The Tribunal reasoned that the Department had refused the nomination application made by AKTN Recruiting Pty Ltd on 8 June 2017. Subsequently, the Tribunal itself had dismissed an application for merits review of this refusal on 10 August 2018, which meant the decision to refuse the nomination was affirmed. As a result, the requirement under clause 187.233 that the nomination must have been approved and not subsequently withdrawn was not met. Since the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet this essential requirement, the Tribunal affirmed the decision not to grant the visa.