T Jahyadi (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, brought before the Administrative Appeals Tribunal. The applicant sought review of a decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position for the visa. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal noted that it had attempted to contact the applicant to update contact details and clarify representation, but the applicant had not submitted the required forms to appoint a representative or update her contact information. Crucially, the Tribunal found that no evidence had been presented to satisfy the criteria under clause 187.233. As the applicant had not demonstrated that she met the essential requirements for the visa in the Direct Entry stream, the Tribunal concluded that the decision under review should be affirmed.

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