WANG (Migration)

The Administrative Appeals Tribunal (Cth) affirmed a decision of the Minister for Immigration and Border Protection to refuse a visa application made by the applicant, Mr Wang, and the second named applicant. The visa sought was a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream, for the occupation of café or restaurant manager.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the merits of the visa application, particularly in relation to the second named applicant. This question turned on whether there was an approved nomination lodged by an employer in relation to the visa application at the relevant time.

The Tribunal found that the second named applicant was not within the migration zone at the time the nomination was lodged. Crucially, the Tribunal determined that there was no approved nomination in place at the time the visa application was made. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application in relation to the second named applicant, and that the Minister's decision to refuse the visa application was therefore affirmed.