Noh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Retail Manager (General). The applicants sought review of a decision not to grant them the visa.

The primary legal issue before the Tribunal was whether the applicants met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of a nomination for the position. The Tribunal also considered whether the circumstances warranted referral for Ministerial Intervention under section 351 of the Migration Act 1958.

The Tribunal reasoned that clause 187.233(3) requires that the nomination be approved by the Minister. In this case, the nomination application was refused by a delegate of the Minister and this decision was affirmed by the Tribunal. Consequently, the nomination was not approved, and the applicants did not satisfy this essential criterion. The Tribunal also noted that the secondary applicants' eligibility was contingent on the primary applicant meeting the criteria, which they had not. Regarding Ministerial Intervention, the Tribunal acknowledged its discretion to refer cases with unique or exceptional circumstances, such as strong compassionate grounds or unintended legislative consequences, but found no such circumstances present in this case.

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