Tong (Migration)

The Administrative Appeals Tribunal considered an application for review by an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The core dispute concerned whether the applicant had an approved nominating sponsor and a position in which to be engaged.

The Tribunal was required to determine if the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. This clause mandates that the position must be the subject of an approved nomination in regional Australia, that the applicant must be identified in relation to the position for nominations made after 1 July 2017, and that the nominator must be the prospective employer, the nomination must be approved and not withdrawn, and there must be no adverse information known to Immigration about the nominator or associated persons, or such information must be reasonable to disregard. Furthermore, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal's reasoning focused on a prior decision made on 27 February 2020, in which it had affirmed the refusal of a nomination application made by the same nominator. Given this prior determination that the nominator did not meet the requirements of subregulation 5.19(4)(d)(i), the Tribunal concluded that the applicant could not have an approved nominating sponsor and position as required by clause 187.233(3). The Tribunal had invited the applicant to comment on this information, highlighting its relevance to the assessment of the nomination's approval.

Consequently, the Tribunal determined that the applicant did not meet the requirements of clause 187.233 and affirmed the decision not to grant the applicant the visa.