Tang (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the direct entry stream. The applicant sought review of a decision to refuse this visa. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position met the criteria outlined in clause 187.233. This clause requires, among other things, that the nominated position be the subject of an approved nomination application, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that the visa application be made within six months of the nomination's approval. The Tribunal also considered whether there was any adverse information known to the Department regarding the nominator or associated persons, and whether the position remained available to the applicant.

The Tribunal noted that the applicant had not responded to invitations to comment or appear at a hearing, despite being provided with information that the Department's decision not to approve the nomination made by Yeow Hock Pty Ltd had been affirmed by the Tribunal. This affirmation meant that the requirement under clause 187.233(3) for the nomination to have been approved was not met. As the applicant had not satisfied this essential criterion, and had not made claims in respect of other visa streams, the Tribunal concluded that the decision under review should be affirmed.

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