Rahman (Migration)

This decision concerns an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, made by Mrs Rahman and her family. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicants met the criteria for the visa, specifically in relation to an approved nomination.

The primary legal issue before the Tribunal was whether the position to which Mrs Rahman's visa application related was the subject of an approved nomination that had not been subsequently withdrawn, as required by clause 187.233 of Schedule 2 to the Migration Regulations 1994. The Tribunal also considered whether the other applicants, as secondary applicants, could satisfy the criteria for the visa.

The Tribunal reasoned that a key requirement for the Direct Entry stream of the Subclass 187 visa is that the nomination must have been approved and not subsequently withdrawn. In this case, the nomination made by the Company for the position of Cook had been withdrawn from the Department. Consequently, the Tribunal found that Mrs Rahman did not meet the criteria in cl.187.233(3) and (4) of Schedule 2 to the Regulations. As Mrs Rahman failed to meet the primary criteria, her partner and son, as secondary applicants, could not satisfy the secondary criteria for the grant of the visa.

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