Tin (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream. The applicants sought to have the decision not to grant them these visas reviewed. The Tribunal was required to determine whether the applicants met the criteria for the visa, particularly in relation to the nomination of the position.

The primary legal issue before the Tribunal was whether the applicants had satisfied clause 187.233 of the Migration Regulations, which requires that the position to which the visa application relates be the subject of an approved nomination in regional Australia. This clause further stipulates that the nomination must have been approved and not subsequently withdrawn. A secondary issue concerned the second applicant's eligibility as a family member under clause 187.311(a).

The Tribunal affirmed the decision not to grant the visas because the nomination for the position had not been approved. The Tribunal noted that it had previously affirmed the Minister's decision not to approve the nomination on 12 July 2021. Despite being advised of this and given opportunities to respond, the applicants did not provide submissions relevant to the visa application, nor did they satisfy the Tribunal that an appeal in the nomination matter should delay the visa decision. Consequently, the Tribunal found that clause 187.233 was not met. Furthermore, the Tribunal was satisfied that the second applicant did not meet the criteria under clause 187.311(a) as they were not a family member of a person who held a Subclass 187 visa based on satisfying the primary criteria. The Tribunal therefore affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.