Seo (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by the applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision not to grant the visa. The core of the dispute revolved around whether the applicant met the criteria for the nominated position.

The Tribunal was required to determine 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 needed to ascertain if the nominated position was approved, if the applicant was identified in relation to that position, and if the nomination had been approved and not withdrawn.

The Tribunal found that the nomination lodged by Mirae Construction Pty Ltd on behalf of the applicant had not been approved at the time of the Tribunal's decision. As a result, the applicant failed to meet the requirements of clause 187.233. The applicant had only sought to satisfy the criteria for the Direct Entry stream, and having failed to meet these requirements, the Tribunal affirmed the decision not to grant the visa.