Woolley (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream, brought before the Tribunal by Simon Woolley. The core of the dispute revolved around the failure of the prospective employer, Woolley's Flooring Pty Ltd, to secure an approved nomination for Mr. Woolley's employment.

The Tribunal was required to determine whether the applicants had satisfied the criteria for the Subclass 187 visa, specifically concerning the requirement for an approved nomination by the prospective employer. This involved assessing whether the nominator had met the necessary regulatory obligations, including obtaining written advice from a Regional Certifying Body.

The Tribunal accepted Mr. Woolley's evidence regarding the actions of his former migration agent, who had failed to obtain or submit the required written advice from a Regional Certifying Body, leading to the refusal of the nomination application. Despite acknowledging the personal difficulties this would cause Mr. Woolley and his family, the Tribunal found that the position for which the visa was sought was not the subject of an approved nomination. Consequently, as the essential criteria for the visa in the Direct Entry stream had not been met, the Tribunal affirmed the decision not to grant the visa.