Wu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant's visa application had been refused by the Department, and this decision was under review by the Tribunal. The core of the dispute revolved around whether the applicant met the specific nomination requirements for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria set out in clause 187.233 of the Migration Regulations. This clause mandates, among other things, that the position to which the visa application relates must be the subject of an approved nomination in the Direct Entry stream, located in regional Australia. The clause further requires that the nomination must have been approved and not subsequently withdrawn, and that the applicant must be identified in the nomination if it was made after 1 July 2017.

The Tribunal's reasoning focused on the fact that the nomination application lodged by ITI Pty Ltd, acting for the ITI Family Trust, was refused by the Department on 15 February 2017. Consequently, the nomination was not approved, and the applicant was not the subject of an approved nomination as required by clause 187.233(3). The applicant acknowledged understanding this fact and that the nominating entity had not sought review of the Department's decision. The Tribunal also noted that the applicant did not respond to a subsequent invitation to comment on this information.

Based on the failure to meet the essential requirement of an approved nomination, the Tribunal affirmed the delegate's decision. The Tribunal concluded that as the applicant had not satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, the decision not to grant the visa was upheld.