NYEIN (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought this visa for the nominated position of Office Manager. The core of the dispute was the refusal of the nomination application by the Department of Home Affairs.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa, specifically focusing on clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines the requirements for the nomination of a position in the Direct Entry stream, including that the nomination must have been approved and not subsequently withdrawn, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal reasoned that the nomination application lodged by Mobius FM P/L for the applicant was refused on 29 August 2017. As the nomination was refused, the Tribunal found that clause 187.233(3) could not be satisfied. Despite issuing an invitation to comment and granting an extension of time, the applicant did not provide material evidence to demonstrate they met the regulatory criteria. Consequently, the Tribunal concluded that the applicant did not satisfy the requirements for the grant of a Regional Sponsored Migration Scheme (subclass 187) visa in the Direct Entry stream.

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