Xu (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Peiyi Xu, who sought a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the occupation of Financial Investment Advisor. The dispute arose because the nomination for her position by the prospective employer, SUCCESSFUL FINANCE SOLUTIONS PTY LTD, was withdrawn, and there was no approved standard business sponsor.

The primary legal issue before the Tribunal was whether the applicant had an approved standard business sponsor and whether the nomination for her position met the requirements of regulation 187.233 of the Migration Regulations 1994. This regulation outlines several criteria for a valid nomination, including that the position must be nominated in an application for approval, the employer must be the nominator, the nomination must have been approved and not subsequently withdrawn, and there must be no adverse information known to Immigration about the nominator or associated persons, among other conditions.

The Tribunal noted that the applicant did not provide a response to a natural justice letter issued by the Department, which advised that the nomination submitted by SUCCESSFUL FINANCE SOLUTIONS PTY LTD had been withdrawn. Consequently, the delegate found that the applicant did not satisfy regulation 187.233(3) because the appointment to which the visa application related had not been approved. The Tribunal affirmed this decision, concluding that the applicant did not meet the requirements of regulation 187.233 and, by extension, regulation 187.311 concerning family units satisfying visa criteria.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.