Meng (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision affirming the refusal of her visa application. The core of the dispute was whether the applicant had an approved nominating sponsor and position in which to be engaged in employment, as required by the relevant migration regulations.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause necessitates that the nominated position be approved, that the nominator be the intended employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal found that the nominator had withdrawn their nomination application immediately prior to a scheduled review hearing. This withdrawal meant that the nomination had not been approved and subsequently not withdrawn, as required by clause 187.233(3) and (4). The Tribunal provided the applicant with adverse information regarding the withdrawal and explained its implications, which the applicant indicated she understood. Despite acknowledging that the applicant had received poor migration advice and suffered financial disadvantage, the Tribunal concluded that the applicant did not meet the essential criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.