White (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry scheme. The dispute centred on whether the applicant met the requirements of clause 187.233 of the Migration Regulations.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the criteria for a Subclass 187 visa in the Direct Entry stream, specifically concerning the nomination of a position. This involved assessing whether the nominated position was the subject of an approved nomination application, whether the nominator was the prospective employer, and whether the nomination had been approved and not withdrawn.

The Tribunal reasoned that clause 187.233 requires, among other things, that the position be the subject of an approved nomination application. The evidence before the Tribunal indicated that the nomination application lodged by the Trustee for PJL Enterprises on behalf of the applicant had been refused by the Department on 28 September 2016, and no application for review of that decision had been lodged. Consequently, the nomination had not been approved at the time of the Tribunal's decision. As this essential criterion was not met, the Tribunal found that the applicant did not satisfy the requirements of clause 187.233.

The Tribunal affirmed the decision not to grant the applicant the visa, as the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the mandatory requirements for that stream.