Tao (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), for the position of café or restaurant manager. The applicant's employer, Sengaroun Pty Ltd, had its nomination application affirmed by the Tribunal on 7 December 2022. The primary dispute concerned whether the applicant had an approved nomination that had not been withdrawn, a key criterion for the visa.

The Tribunal was required to determine if the applicant met the requirements of clause 187.233 of the Migration Regulations, specifically whether the nominated position was approved and had not been subsequently withdrawn. The Tribunal also considered the status of a secondary applicant who applied as a member of the primary applicant's family unit.

The Tribunal found that while the nomination was approved, the applicant's intention to withdraw their visa application, communicated by their legal practitioner, was not formally accepted because the provided withdrawal form was unsigned. Consequently, the Tribunal concluded that the nomination had not been validly withdrawn, but this did not resolve the primary issue. The Tribunal noted that the applicant had not responded to an invitation to comment on information that the nomination had been affirmed, and that the applicant had not met the primary criteria for the visa. As the primary applicant did not satisfy the criteria for the visa, the secondary applicant, as a member of the family unit, also did not meet the requirements.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to both the primary and secondary applicants.