Wang (Migration)

The Administrative Appeals Tribunal considered an application by the applicant for a Subclass 187 Regional Employer Nomination (Permanent) (Class RN) visa, Direct Entry stream, for a position as a Café or Restaurant Manager. The Tribunal was required to determine whether the applicant met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant had satisfied the nomination requirements stipulated by cl.187.233. This clause mandates that the position must be the subject of an approved nomination application in the Direct Entry stream, located in regional Australia, and that the nomination must identify the applicant. Further, it requires that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration concerning the nominator or associated persons, that the position remains available, and that the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's reasoning focused on the fact that the nomination in relation to the applicant had not been approved. The Tribunal noted that on 15 May 2020, it had found it had no jurisdiction to review an application made by Park Lok Pty Ltd, which meant the original decision by the Department of Home Affairs remained unchanged. Consequently, the Tribunal informed the applicant that this lack of an approved nomination meant they could not be granted the visa.

As the Tribunal concluded that the applicant had not met the essential criterion of having an approved nomination, it affirmed the decision not to grant the Subclass 187 visa.