Wang (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, direct entry stream, by an applicant seeking employment as a hair or beauty salon manager. The applicant's related nomination application had been refused by a delegate of the Minister, and this refusal was subsequently affirmed on review by the Tribunal. The applicant did not respond to the Tribunal's invitation to comment and consequently lost their entitlement to a hearing.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations 1994. This clause, as applicable, stipulated several conditions, including that the nomination must have been approved and not subsequently withdrawn, and that the applicant must be identified in the nomination application where the nomination was made on or after 1 July 2017.

The Tribunal reasoned that the employer nomination lodged by Day Spa Co Pty Ltd was refused by a delegate on 10 June 2019, and this decision was affirmed by the Tribunal on 10 November 2022. As the nomination remained refused, the Tribunal concluded that the criterion under clause 187.233 was not met. Since the applicant had only sought to satisfy the criteria for the direct entry stream and had failed to meet this essential requirement, the Tribunal affirmed the decision under review. The Tribunal therefore affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.