Wei (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal by an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream. The applicant, a mechanical engineer from China, had his nomination for the visa affirmed by the Tribunal. The core of the dispute revolved around whether the applicant met the requirements for the approval of his nomination under the Direct Entry stream, as stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied all the necessary criteria for the approval of his nomination. Specifically, the Tribunal considered whether the applicant had an approved standard business sponsor, a requirement under clause 187.233 of the Migration Regulations, which is essential for the grant of a subclass 187 visa. The applicant's own evidence indicated uncertainty regarding the approval status of his sponsor, and he admitted that the nomination process had been largely handled by his agent.

The Tribunal's reasoning focused on the applicant's failure to provide evidence of an approved standard business sponsor. The Tribunal noted that clause 187.233(3) requires the Minister to have approved the nomination, which in turn necessitates an approved sponsor. As the applicant could not demonstrate this crucial element, the Tribunal concluded that the requirements for the visa grant were not met. Consequently, the Tribunal affirmed the decision not to grant the visa to the applicant and his secondary applicant.