Wong (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, under the Direct Entry stream. The primary applicant sought this visa, and two individuals, Mr. Hao Kun Giovanni Kuang and Master Chi Kiu Keaton Kuang, were secondary applicants.

The central legal issue before the Tribunal was whether the primary applicant satisfied clause 187.233(3) of the Migration Regulations, which pertains to the approval of an employer nomination. This clause requires, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, and that there is no adverse information known to the Department about the nominator or associated persons, or that such information can be disregarded. Additionally, the Tribunal had to consider whether the secondary applicants met clause 187.311, which requires them to be family members of the primary applicant and to have made a combined application.

The Tribunal reasoned that the primary applicant had not met the requirements of clause 187.233(3) because there was no approved employer nomination to satisfy this criterion. The Tribunal noted that it had invited the applicant to comment on information indicating that a decision to refuse the employer nomination had been affirmed. Despite the applicant's response, the Tribunal found that the essential requirement of an approved employer nomination was not met. Consequently, as the primary applicant failed to satisfy the criteria for the Direct Entry stream, the Tribunal concluded that the secondary applicants also could not satisfy their criterion, clause 187.311, as it depends on the primary applicant meeting the primary criteria.

The Tribunal affirmed the decision under review, meaning the visa application was refused.