Wang (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Cafe or Restaurant Manager. The applicant sought to satisfy the criteria for this specific visa stream.

The central legal issue before the Tribunal was whether the nomination for the position had been approved, as required by clause 187.233 of the Migration Regulations. This clause mandates that the nominated position must be the subject of an approved nomination application, located in regional Australia, and identified in relation to the applicant if the nomination was made on or after 1 July 2017. Further requirements include that the nominator must be the prospective employer, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that it had previously made a decision affirming the refusal of the nomination in a separate case (case number 1833126). Consequently, the nomination was not approved. As an approved nomination is a mandatory criterion under clause 187.233, and this criterion was not met, the applicant could not satisfy the requirements for the Subclass 187 visa in the Direct Entry stream.

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