WANG (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision of the Tribunal, which affirmed a refusal to grant the visa, reviewed. The core of the dispute revolved around whether the applicant met the criteria for the visa, specifically concerning the nomination of a position in regional Australia.

The legal issues before the Tribunal were whether the applicant satisfied the requirements of clause 187.233 of the Migration Regulations 1994 for the grant of a Subclass 187 visa. This included determining whether the nominated position was properly identified and subject to an approved nomination, whether the nominator was the prospective employer, and whether the nomination had been approved and not withdrawn. The Tribunal also had to consider whether there was any adverse information concerning the nominator or associated persons, and whether the position remained available to the applicant within the prescribed timeframe after nomination approval.

The Tribunal reasoned that a critical element for the grant of this visa was the approval of the employer's nomination for the position. It noted that the nomination in this case had been refused by the Tribunal on 9 October 2019. The Tribunal explained to the applicant that without an approved nomination, the applicant could not satisfy the essential criteria under clause 187.233(3) of the Regulations. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the requirements relating to the nomination, the Tribunal concluded that the decision under review should be affirmed.

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