Mansell (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for a Medical Diagnostic Radiographer. The applicant's nomination was refused, and the Administrative Appeals Tribunal (AAT) affirmed this refusal. The primary dispute revolved around whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of the nomination.

The AAT was required to determine if the applicant's nomination for the position of Medical Diagnostic Radiographer was approved and had not been withdrawn, as stipulated by clause 187.233(3) and (4). The Tribunal also considered whether the applicant had been provided with an opportunity to respond to adverse information that might lead to the affirmation of the decision, as required by section 359A of the Migration Act 1958.

The Tribunal reasoned that a prerequisite for meeting clause 187.233 was that the nomination must have been approved by the Minister. As the nomination made by The Trustee for the Mansell Family Trust (trading as Lithostar Pty Ltd) had been refused by the Tribunal, this essential criterion was not met. Consequently, the Tribunal affirmed the decision not to grant the visa. The Tribunal also noted that it had provided the applicant with an opportunity to comment on the proposed affirmation of the nomination refusal, which was relevant to the visa application.

Ultimately, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa. The Tribunal also considered it appropriate to refer the case to the Minister for consideration of discretionary intervention powers under section 351 of the Migration Act 1958.