Willcock (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, by Yolani Willcock and her family. The primary dispute revolved around whether the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994. The Administrative Appeals Tribunal (the Tribunal) was required to determine if the nominated position was the subject of an approved nomination that identified the applicant, was made in relation to the Direct Entry stream, and satisfied various other criteria including the employer being the nominator, the nomination not being withdrawn, the absence of adverse information, the position remaining available, and the visa application being lodged within six months of the nomination's approval.

The Tribunal affirmed the decision not to grant the visa. It found that the applicant's employer's nomination application had been refused by the Department, and this refusal had been affirmed on review by a differently constituted Tribunal. Consequently, there was no approved nomination to support the Subclass 187 visa application. The Tribunal agreed with the applicant's agent's submission that the visa application could not be remitted as there was no valid nomination. As the primary applicant did not meet the criteria for the visa, the secondary applicants also failed to meet the relevant criteria.

The Tribunal also considered a request for referral for ministerial intervention regarding one of the secondary applicants, Louisa Janse Van Vuuren, who was not eligible for a Subclass 494 visa due to age limitations. While acknowledging the applicant's circumstances, the Tribunal concluded that they did not exhibit unique or exceptional circumstances as outlined in the Minister's guidelines for exercising public interest powers. Therefore, the Tribunal was not minded to refer the matter to the Minister, noting that the applicant could make a direct request for ministerial intervention.