PANERU (Migration)

The Administrative Appeals Tribunal considered a case involving an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The nominated position was that of a Pastry Cook. The core dispute revolved around whether the applicant met the requirements for the approval of the nomination under the relevant regulations.

The primary legal issue before the Tribunal was to determine if the applicant satisfied all the criteria stipulated in regulation 5.19(4) for the approval of the nomination under the Direct Entry stream. This included assessing whether the nominated position was properly declared, if the employer making the nomination was the intended employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal examined the evidence and found that while the nominated position of Pastry Cook was declared and the nominator was the intended employer, and the position remained available, a crucial element was missing. The Tribunal noted that without an approved nomination, the applicant could not meet the essential criteria under clause 187.233 for the grant of the visa. The applicant acknowledged this understanding.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas, as the requirements for the Direct Entry stream had not been met.