Murphy (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Murphy (Migration), concerning an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The applicants sought review of a decision not to grant them this visa.

The primary legal issues before the Tribunal were whether the applicants met the criteria for the Subclass 187 visa, specifically in relation to the nomination requirements and the eligibility of a secondary applicant. The Tribunal also had to consider the implications of the applicants not responding to a section 359A letter, which affected their entitlement to appear before the Tribunal.

The Tribunal reasoned that the nomination for the position of interior decorator was refused, and this refusal was affirmed. Furthermore, the Tribunal found that the second applicant, Dylan Thomas Murphy, did not satisfy the requirements of clause 187.311 of Schedule 2 of the Regulations. This clause mandates that a secondary visa applicant must be a member of the family unit of a primary applicant who holds a Subclass 187 visa granted on the basis of satisfying the primary criteria. As the primary applicant had not met the requirements for the visa grant, the second applicant could not satisfy the criteria for a secondary applicant.

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