Munasinghe (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by the applicants against a decision not to grant them Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The core of the dispute revolved around whether the applicants had an approved nomination for the position of Hairdresser.

The primary legal issue before the Tribunal was to determine whether the applicants satisfied subclause 187.233 of the Migration Regulations 1994, which requires, among other things, that the position to which the visa application relates be the subject of an approved nomination. This subclause further stipulates various conditions, including that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons (or such information must be disregarded), the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal affirmed the delegate's decision, finding that the applicants did not meet the requirements of subclause 187.233 because their nomination had been refused by the Department. While the applicants provided evidence of a letter of offer, academic qualifications in hairdressing, and payslips, this material did not overcome the fundamental requirement of an approved nomination. The Tribunal noted that the primary applicant had studied and worked in hairdressing, but this did not alter the fact that the nomination itself was not approved. Consequently, as the primary applicant did not meet the visa grant requirements, the secondary applicant also failed to meet them.