Wong (Migration)

This matter concerned an application for review by Ms Mei Wa Wong of decisions to refuse her Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant’s sponsoring employer, Diplomat Holdings (Aust) Unit Trust, had applied for approval of a nomination for the position of Personal Assistant, with Ms Wong as the nominee. The Department of Home Affairs refused this nomination application on 4 May 2018, and subsequently refused Ms Wong’s visa application on the basis that the nomination had not been approved. The employer did not seek review of the nomination refusal. The Administrative Appeals Tribunal considered whether the nomination had been approved.

The primary legal issue before the Tribunal was whether the nomination linked to Ms Wong’s visa application had been approved, as required by the Migration Act 1958 and associated regulations. The Tribunal was required to determine if the applicant satisfied the criteria for the grant of a Subclass 187 visa, specifically whether the nominated position was the subject of an approved nomination.

The Tribunal reasoned that a Subclass 187 visa cannot be granted if the associated nomination is not approved. It noted that Diplomat Holdings (Aust) Unit Trust had not applied for a review of the Department's decision to refuse its nomination. Consequently, the Tribunal concluded that there was no valid, approved employer nomination. The Tribunal had invited Ms Wong to comment on this information, highlighting that its reliance on this fact would lead to the affirmation of the decision under review. As the employer’s nomination was not approved, Ms Wong did not satisfy a mandatory requirement for the grant of the visa.

The Tribunal affirmed the decision not to grant Ms Wong’s Regional Employer Nomination (Permanent) (Class RN) visa.