Mengi (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mengi and other applicants seeking Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The primary dispute concerned whether the applicants met the eligibility criteria for this visa subclass, particularly in light of a withdrawn nomination.

The central legal issue before the Tribunal was to determine if the applicants satisfied the requirements of clause 187.233 of the Migration Regulations 1994. This clause outlines various conditions for a nominated position, including that the nomination must have been approved and not subsequently withdrawn, that the nominator must be the prospective employer, and that the visa application must be made within a specified timeframe after nomination approval. The Tribunal also had to consider whether the applicants met the requirements of clause 187.311, which relates to the grant of the visa to secondary applicants.

The Tribunal's reasoning focused on the undisputed fact that the nomination for the applicant's position was withdrawn by the nominator on 23 March 2018. The Tribunal noted that clause 187.233(3) requires the nomination to have been approved and not subsequently withdrawn. As there was no evidence of an approved nomination remaining in effect at the time of the Tribunal's decision, the Tribunal concluded that clause 187.233 was not satisfied. Consequently, as the primary applicant did not meet the visa requirements, the Tribunal found that the secondary applicants also failed to satisfy clause 187.311.

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