Xia (Migration)

This matter concerned an appeal by visa applicants against a decision to refuse them Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The appeal was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the grant of a Subclass 187 visa in the Direct Entry stream. This involved determining whether the position to which the application related was the subject of an approved nomination, and whether all associated requirements under the relevant regulations, including the employer being the nominator, the nomination not being withdrawn, the position remaining available, and the application being lodged within the prescribed timeframe, were satisfied.

The Tribunal's reasoning focused on the requirement for an approved nomination. It noted that while some criteria under clause 187.233 were met, a separate decision had been made by the Tribunal to refuse the underlying nomination under regulation 5.19. The Tribunal explained that without an approved nomination, the applicants could not satisfy the necessary criteria for the visa grant, specifically clause 187.233(3). The applicants were given an opportunity to respond to this information, but ultimately, the Tribunal concluded that the essential requirement of an approved nomination had not been met.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Subclass 187 visas, as the requirements for the Direct Entry stream had not been satisfied.