Siriprapakon (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Siriprapakon concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought review of a decision relating to a nomination for a position as a Massage Therapist. The core of the dispute revolved around whether the nominated position remained available to the applicant and whether the nomination itself was still approved.

The Tribunal was required to determine whether the nominated position for a Massage Therapist was genuinely available to the applicant at the time of the decision under review. Furthermore, the Tribunal had to assess whether the nomination for this position remained the subject of an approved nomination, as required for the visa application.

In its reasoning, the Tribunal applied the principles of migration law concerning the availability of nominated positions and the validity of employer nominations. The Tribunal found that the nominated position was indeed still available to the applicant and that the nomination remained approved. Consequently, the Tribunal set aside the original decision.

The Tribunal remitted the matter to the Department of Home Affairs for a decision in accordance with the Tribunal's findings.