Xu (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Temporary Residence Transition stream of the Subclass 187 visa. The applicants sought review of a decision not to grant these visas.

The primary legal issue before the Tribunal was whether the visa applicants met the criteria for the grant of the Subclass 187 visas, particularly in relation to the nomination of the position by the employer sponsor. This involved assessing whether the nominated position met the requirements of clause 187.223 of the Regulations, including whether the nomination had been approved, had not been withdrawn, was located in regional Australia, and was still available to the applicant.

The Tribunal considered the evidence and found that while some aspects of clause 187.223 were met, specifically regarding the employer's identity, the availability of the position, its regional location, and the absence of adverse information, a critical criterion was not satisfied. The Tribunal noted that a separate decision had been made to refuse the nomination under regulation 5.19. Consequently, the nomination had not been approved as required by clause 187.223(2). The Tribunal advised the applicant that without an approved nomination, the applicants would not meet the necessary criteria for the visa grant. Furthermore, the Tribunal found that the spouse and child applicants did not satisfy clause 187.311 as they were not members of the family unit of a person who held a Subclass 187 visa granted on the basis of satisfying the primary criteria.

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