Ng (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the primary applicant, Mr Ng, and his family unit member, Mr Tsz Wa Chan. The dispute arose because the Tribunal was considering affirming the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the primary applicant met the criteria for the grant of the Subclass 187 visa, specifically concerning the requirement for an approved nomination for the position. This involved assessing whether the nominated position was the subject of an approved nomination in the Direct Entry stream, located in regional Australia, and whether the nomination identified the applicant. Further criteria included that the nominator must be the prospective employer, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal's reasoning was that the application for approval of the nominated position made by Lee & Han Pty Ltd, the nominator, had been refused by a delegate of the Minister for Immigration. Subsequent review of this refusal was found to be outside the Tribunal's jurisdiction, meaning the nominator's application for the nominated position had not been approved. The Tribunal had notified the applicants of adverse information that would lead to affirming the decision and invited comment, but no response was received within the allowed time. Consequently, the applicants lost their entitlement to a hearing. As the essential criterion of an approved nomination was not met, the Tribunal affirmed the decision not to grant the visa.