Naganuma (Migration)

The Administrative Appeals Tribunal considered the case of Mr Naganuma, who sought a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The dispute centred on whether the applicant had satisfied the requirements for an approved nomination for the position of cook, which was the basis of his visa application.

The primary legal issue before the Tribunal was whether the applicant had demonstrated that the nominated position was the subject of an approved nomination that had not been withdrawn, and that all other relevant criteria under clause 187.233 of the Migration Regulations 1994 were met. This included requirements relating to the identity of the employer, the availability of the position, and the timing of the visa application relative to the nomination approval.

The Tribunal reasoned that the applicant's submissions, including those explaining his delayed response due to flooding and his expressions of hope for a "miracle" or an alternative sponsorship, did not address the core requirement of an approved nomination. While the Tribunal acknowledged the applicant's circumstances and the character references provided, it found that these did not establish the existence of an approved nomination, which was a prerequisite for the visa. The Tribunal noted that the applicant had not made claims in respect of other visa streams and that the direct entry stream criteria had not been met.

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