Wang (Migration)

The Administrative Appeals Tribunal considered a review application concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry Nomination stream. The applicant, Mr Qian Wang, was the nominee for the position of Importer or Exporter, with Sinosphere Pty Ltd as the sponsoring employer. The Department of Immigration and Border Protection had previously refused the employer's nomination application and, consequently, Mr Wang's visa application.

The primary legal issue before the Tribunal was whether the employer's nomination for the position had been approved. This was a critical requirement for Mr Wang to satisfy the criteria for the Subclass 187 visa under clause 187.233 of the Migration Regulations. The Tribunal also had to determine its jurisdiction and the appropriate course of action following the withdrawal of the nomination review application.

The Tribunal reasoned that the employer, Sinosphere Pty Ltd, had applied for approval of the nomination, which was subsequently refused by the Department. While both the employer and Mr Wang sought review of these decisions, Sinosphere Pty Ltd later withdrew its application for review. The Tribunal accepted this withdrawal, finding it no longer had jurisdiction over the nomination review. Consequently, the Tribunal notified Mr Wang that his sponsoring employer's nomination was not approved, a fact essential for him to meet the visa requirements. Despite being given an opportunity to respond and provide evidence of an approved nomination, Mr Wang did not do so. The Tribunal also contacted Mr Wang's representative, who confirmed the applicant did not intend to withdraw his own application, but no information was provided to satisfy the nomination requirement.

Given that the nominating entity had withdrawn its application for review and Mr Wang had failed to provide evidence of an approved nomination, the Tribunal concluded that the requirements for the Direct Entry stream of the Subclass 187 visa had not been met. Accordingly, the Tribunal affirmed the decision not to grant the visa.