Wang (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought this visa, which required an approved nomination for a Café or Restaurant Manager position with MTM Holdings Pty Ltd ATF MTM Holdings Unit Trust. The core dispute revolved around whether the applicant met the criteria for the visa, specifically the requirement of having an approved nomination.

The Tribunal was tasked with determining if the applicant satisfied the criteria for the Subclass 187 visa, particularly clause 187.233, which mandates an approved nomination for the position. This clause requires that the nominated position be located in regional Australia, that the applicant be identified in the nomination application (if made after 1 July 2017), that the employer making the nomination is the intended employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that while the applicant had made the required declaration and the intended employer was the nominator, a critical element was missing: an approved nomination. The Tribunal informed the applicant that the nomination application had been refused on 24 June 2019, and that this refusal meant the applicant could not satisfy clause 187.233(3) of the visa requirements. The applicant acknowledged awareness of the refused nomination and stated that the steps to secure it were beyond his control. As the applicant accepted that there was no approved nomination, and this is a mandatory criterion for the visa, the Tribunal concluded that the applicant had not met the necessary requirements for the Direct Entry stream.

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