Moreno Giraldo (Migration)

The Administrative Appeals Tribunal considered the case of Mr Moreno Giraldo concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the Direct Entry stream. The dispute centred on whether the nominated position of Office Manager, for which Mr Giraldo was the applicant, had an approved nomination as required by the relevant migration regulations.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria under Clause 187.233, specifically whether the position was the subject of an approved nomination that had not been subsequently withdrawn. This clause requires, among other things, that the nomination be approved, that the nominator be the prospective employer, and that the visa application be made within six months of the nomination's approval. The Tribunal also considered whether the applicant and his accompanying family members met secondary criteria, contingent on the primary applicant satisfying the nomination requirements.

The Tribunal's reasoning was based on the fact that the nominator's application to have the Office Manager position approved with Mr Giraldo as the nominee was refused on 3 July 2019. While the nominator sought review of this refusal, the Tribunal affirmed the decision to refuse the nomination on 10 May 2023. Subsequently, the Tribunal invited the applicant to respond to this information, which indicated that the nomination was not approved and therefore could not satisfy Clause 187.233(3). No response was received from the applicant by the specified deadline.

Consequently, the Tribunal concluded that the applicant did not meet the essential criterion of having an approved nomination. As a result, the Tribunal affirmed the decision under review in respect of Mr Moreno Giraldo's visa application and, by extension, the applications of his accompanying family members who relied on his eligibility.