MAJONGA (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a delegate's decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The dispute centred on whether the applicant's sponsorship remained valid, as the nominator had withdrawn their sponsorship.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nomination of a position. This clause mandates that the position must be the subject of an approved nomination that has not been subsequently withdrawn, among other conditions.

The Tribunal reasoned that the applicant had only sought to satisfy the criteria for the Direct Entry stream of the Subclass 187 visa. It noted that the nominator had withdrawn its sponsorship on 10 June 2016, and the applicant had not provided any evidence to satisfy the Tribunal that a sponsor was in place. Consequently, the Tribunal concluded that clause 187.233 was not met.

The Tribunal affirmed the delegate's decision not to grant the applicant the visa.