Madolora (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Temporary Residence Transition stream. The applicants sought review of a decision to refuse their visa applications.

The central legal issue before the Tribunal was whether the applicants satisfied the criteria for the Subclass 187 visa, specifically clause 187.223, which requires that the position to which the application relates be the subject of an approved nomination that identifies the visa applicant. This clause further stipulates several conditions, including that the nomination must have been approved and not subsequently withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be disregarded), the position must be located in regional Australia, remain available to the applicant, and the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that, based on the evidence before it, the applicant was not the subject of an approved nomination at the date of the Tribunal's decision. This conclusion was informed by a prior Tribunal decision on 17 June 2021, which affirmed the refusal of the nomination by Swanstar Nominees Pty Ltd. Consequently, the Tribunal found that the applicant failed to satisfy clause 187.223(2) and, therefore, clause 187.223 as a whole. As the primary applicant did not meet the essential criteria for the visa, the secondary applicants, who relied on the primary applicant's eligibility, also failed to satisfy the secondary criteria, specifically clause 187.311.

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