Xu (Migration)

This matter concerned a review application before the Tribunal regarding a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Graphic Designer. The applicant sought this visa, and the core of the dispute revolved around the validity and approval of the employer's nomination.

The Tribunal was required to determine whether the Minister had approved the relevant nomination for the purposes of clause 187.233 of the Regulations. This involved assessing whether the nominated position met the criteria for a Direct Entry nomination, whether the employer who made the nomination was the intended employer, if the nomination had been approved and not withdrawn, if the position remained available, and if the visa application was lodged within six months of the nomination's approval. The Tribunal also considered whether there was any adverse information known to Immigration concerning the nominator or associated persons.

The Tribunal found that Total Hospitality Pty Ltd had lodged an application for approval of an employer nomination for a Graphic Designer. However, on 6 April 2016, the Department refused this employer nomination. The applicant confirmed this refusal during the hearing, stating that the certifying body refused the approval due to a perceived sufficiency of local graphic designers for the nominated full-time position. As a consequence of the refusal of the nomination application, the Tribunal concluded that the requirements of clause 187.233 of the Regulations were not met.

Accordingly, the Tribunal affirmed the decision under review, meaning the applicant was not granted the Regional Employer Nomination (Permanent) (Class RN) visa.