O'SHAUGHNESSY (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), specifically the Direct Entry stream, for a Child Care Worker. The applicant sought review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of the visa. The dispute centred on whether the nomination associated with the applicant's visa application had been approved.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria for a Subclass 187 visa in the Direct Entry stream, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nomination for the position has been approved and has not been subsequently withdrawn. The Tribunal also considered whether the applicant was entitled to respond to a section 359A letter before the Tribunal proceeded to make a decision.

The Tribunal reasoned that the employer, PROJECTS ON PARKINSON LTD, had applied for review of the Department's refusal to approve its nomination. However, this review application was subsequently withdrawn and finalised by the Tribunal on 17 April 2020. Consequently, the Tribunal found that, on the evidence before it, the relevant nomination for the applicant's visa application had not been approved. As this criterion was essential for meeting the requirements of the Direct Entry stream, and no claims were made in respect of other visa streams, the Tribunal concluded that the applicant did not satisfy the necessary criteria.

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