Shang (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream. The applicant's sponsor, KJF Enterprises Pty Ltd, had its application for approval of a nominated position refused by a delegate of the Minister, a decision that was subsequently affirmed by the AAT. The applicant was residing in Brisbane while the nominated position was in Tasmania.

The central legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 187.233 of the Migration Regulations. Specifically, the Tribunal needed to determine if the applicant had an approved nomination for the position, as this was a prerequisite for the visa application. The applicant had indicated he was studying for a Master's degree in Marketing and working as a team leader in Brisbane, and that his representative had left Australia.

The Tribunal's reasoning focused on the fundamental requirement of an approved nomination. The applicant explicitly confirmed to the Tribunal that he did not have an approved sponsor. The Tribunal noted that the nominator's application for approval of the nominated position had been refused and this decision was affirmed. Consequently, the Tribunal concluded that the applicant had not met the essential criteria for the Subclass 187 visa in the Direct Entry stream.

Accordingly, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.