Walia (Migration)

The applicant sought to satisfy the criteria for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The decision under review, which affirmed the refusal to grant this visa, was brought before Senior Member Michael Cooke of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had met the requirements for a Subclass 187 visa in the Direct Entry stream, specifically concerning the nominated position and the approval of the nomination. The Tribunal was required to consider the provisions of regulation 187.233 of the Migration Regulations 1994, which outline the criteria for a nominated position in the Direct Entry stream.

The Tribunal's reasoning focused on the fact that the nomination application, which identified the applicant and sought to meet the requirements of subregulation 5.19(12) for a Direct Entry stream visa, had been withdrawn. Regulation 187.233(1)(a) requires the position to be nominated in an application that has not been withdrawn, and regulation 187.233(4) explicitly states that the nomination must not have subsequently been withdrawn. As this crucial requirement was not met, the Tribunal found that the applicant had not satisfied the criteria for the visa.

Consequently, the Administrative Appeals Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.