Pandya (Migration)

The applicant, Pandya, sought to satisfy the criteria for a Subclass 187 Regional Employer Nomination (Permanent) (Class RN) visa under the Direct Entry stream. The decision under review concerned the refusal of this visa application. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had met the requirements for a Subclass 187 visa in the Direct Entry stream. This involved an assessment of the criteria stipulated in the Migration Regulations 1994, specifically concerning the nominated position and the employer's nomination.

The Tribunal, in affirming the decision not to grant the visa, found that the applicant had not satisfied the necessary requirements for the Direct Entry stream. The decision implicitly determined that the criteria for the nominated position, as outlined in regulation 187.233 of the Migration Regulations 1994, had not been met by the applicant. As the applicant had not established that they met these essential criteria, the Tribunal concluded that the visa could not be granted.