Saadat (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Customer Service Manager. The applicants did not respond to an invitation issued under section 359A of the Migration Act 1958 (Cth). The Administrative Appeals Tribunal (AAT) was required to determine whether the applicants met the criteria for the grant of the visa.

The primary legal issue before the Tribunal was whether the applicants satisfied the requirements of clause 187.311 of Schedule 2 to the Migration Regulations 1994 (Cth). This clause stipulates that a secondary visa applicant must be a member of the family unit of a primary applicant who holds a Subclass 187 visa granted on the basis of satisfying the primary criteria.

The Tribunal reasoned that as the primary applicant had not met the requirements for the grant of a Subclass 187 visa and was not the holder of such a visa, the second and third named applicants, who were seeking to be granted the visa as secondary applicants, could not satisfy the requirements of clause 187.311. Consequently, the Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.