Wong (Migration)

This matter concerned an application by Mr. Wong for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to remain in Australia and avoid offshore processing due to the situation in Hong Kong. The Administrative Appeals Tribunal (AAT) was required to review the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria under clause 187.233 of the Migration Regulations 1994. This clause requires, among other things, that the position to which the application relates be the subject of an approved nomination in regional Australia, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that the visa application be made within six months of the nomination's approval.

The Tribunal found that the applicant acknowledged the nomination by Bamora Holdings Pty. Ltd. had been withdrawn. Consequently, the Tribunal was satisfied that the position to which the application related had not been approved, meaning clause 187.233 was not met. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet those requirements, the Tribunal affirmed the decision under review.