Warring (Migration)

The Administrative Appeals Tribunal considered an application by a visa applicant, identified as the nominee, for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Temporary Residence Transition stream. The dispute arose after the Department refused to grant the visa, a decision the applicant sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically clause 187.223, which requires that the nominated position remains available to the applicant. The Tribunal also had to consider the applicant's explanation for not working for the sponsor for a period of six to seven months, which included personal circumstances and a lack of available work, as well as the conflicting submissions made by the applicant's migration agent regarding the continued availability of the position.

The Tribunal affirmed the delegate's decision to refuse the visa. It noted that the applicant had not been working for the sponsor for a significant period and had stated that no work was available. While the migration agent later submitted that the position was vital, had always been available, and the applicant had returned to the role, the Tribunal found no evidence that the position was still available to the applicant at the time of the decision. The applicant also failed to appear at the hearing or provide evidence to substantiate the claims made by the migration agent, leading the Tribunal to conclude that the applicant had not met the visa requirements.