Pathirana (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the nominated position of Web Developer. The applicant sought to satisfy the criteria for this visa subclass. The Administrative Appeals Tribunal, constituted by Member Karen Synon, was required to determine whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233 of the Migration Regulations 1994, which outlines the requirements for a nominated position in the Direct Entry stream. Specifically, the Tribunal had to consider whether the nominated position remained the subject of an approved nomination that had not been subsequently withdrawn, and whether other conditions related to the nomination and the applicant's eligibility were met.

The Tribunal reasoned that clause 187.233 requires, among other things, that the nomination for the position has been approved and has not been subsequently withdrawn. The evidence before the Tribunal indicated that the nomination made by BIZINTEGRITY PTY LTD for the position of Web Developer was withdrawn on 8 April 2019. As the applicant was not the subject of an approved nomination that had not been withdrawn, they failed to satisfy this essential criterion. Consequently, the Tribunal affirmed the decision not to grant the visa.