Shen (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr Shen for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The application was for a position as a café or restaurant manager. The core of the dispute lay in the fact that the associated position nomination application had been refused in separate review proceedings.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the visa, particularly in light of the refusal of the nominated position. This included considering whether the applicant had provided sufficient information or made a sufficient response to the Tribunal's invitation to comment on the implications of the refused nomination, and whether the applicant had appeared at the hearing.

The Tribunal affirmed the delegate's decision to refuse the visa application. It reasoned that the applicant had failed to respond to the invitation to provide comments or evidence regarding the refusal of the nominated position, nor did the applicant appear at the scheduled hearing. In the absence of any submissions or evidence from the applicant to overcome the adverse finding regarding the nominated position, the Tribunal concluded that the applicant had not satisfied the requirements for the visa.