Teng (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the position of Café or Restaurant Manager. The applicants sought review of a decision not to grant them the visa.

The primary legal issue before the Tribunal was whether the applicants were the subject of an approved nomination for the nominated position. This required the Tribunal to consider various criteria under clause 187.233 of the Migration Regulations 1994, including whether the position was nominated in accordance with the regulations, whether the nominator was the prospective employer, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, whether the position remained available, and the timeliness of the visa application relative to the nomination approval.

The Tribunal affirmed the delegate's decision, finding that the applicants did not meet the criteria for the visa. This was because the nomination application, made by The Trustee for Wang And Yuan Family Trust, had been refused by the Department on 29 June 2019. The refusal was based on the failure to provide information on how the Australian Market Salary Rate (AMSR) was determined for the nominated position, which meant the application did not accord with the method specified in IMMI 18/033 and therefore failed to meet subclause 2.72(15)(c). As the primary applicant did not meet the visa criteria, the Tribunal concluded that the secondary applicants also did not meet the criteria.