PHAM (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Direct Entry stream. The applicant sought to have the original decision, which affirmed the refusal of the visa, set aside.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 187 visa in the Direct Entry stream. This involved determining if the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994, including whether the nomination had been approved and had not been subsequently withdrawn, and if the position remained available to the applicant.

The Tribunal considered the evidence and found that while certain aspects of the nomination, such as the identity of the nominator and the availability of the position, were satisfied, a crucial criterion was not met. The Tribunal had previously refused the nomination under regulation 5.19 in a related AAT case. Consequently, the Tribunal concluded that without an approved nomination, the applicant could not satisfy clause 187.233(3) of the Regulations, which is a necessary criterion for the visa grant.

Accordingly, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa, as the applicant had failed to meet the essential requirements for the Direct Entry stream.