Samuel (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Samuel, an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The dispute centred on whether the nomination made by Quali & Quanti Investments Pty Ltd for the position of Technical Sales Representative had been approved, a prerequisite for the visa.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations. This clause mandates, among other things, that the position be the subject of an approved nomination lodged in regional Australia, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that the visa application is made within six months of the nomination's approval.

The Tribunal found that the nomination made by Quali & Quanti Investments Pty Ltd had not been approved. The Tribunal had previously affirmed a delegate's decision not to approve the nomination on 19 May 2020. Following this, the Tribunal notified the applicant that if there was no approved nomination, they would not meet clause 187.233(3), leading to an affirmation of the decision under review. The applicant's representative acknowledged the refusal of the nomination. Consequently, as the essential criterion of an approved nomination was not met, the Tribunal affirmed the decision not to grant the visa.