Vu (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of *Vu* concerning an application for a Regional Employer Nomination (Permanent) visa, subclass 187, under the Regional Sponsored Migration Scheme. The applicant, Mr Vu, sought review of the delegate's decision to refuse to approve his employer's nomination for the visa.

The primary legal issue before the Tribunal was whether the employer's nomination met the requirements of the relevant migration regulations, specifically concerning the genuine need for the nominated position and the applicant's suitability for that role. The Tribunal was required to determine if the evidence presented established that the nominated position was a genuine, ongoing, full-time position within the employer's business and that the applicant possessed the necessary skills and experience to perform the duties of that position.

In its reasoning, the Tribunal analysed the documentation provided by the employer regarding its business operations and the proposed employment of Mr Vu. It considered the nature of the nominated occupation, the employer's capacity to offer the position, and the applicant's qualifications and work history. The Tribunal applied the principles of administrative law, requiring the decision-maker to be satisfied on the balance of probabilities that the nomination criteria were met. Ultimately, the Tribunal found that the evidence did not sufficiently demonstrate a genuine need for the nominated position or that the applicant was the most suitable candidate, leading it to affirm the delegate's decision.