Yan (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The applicant sought review of a decision to refuse this visa. The Tribunal was required to determine whether the applicant met the criteria for the grant of the visa, specifically concerning the nomination of a position.

The central legal issue before the Tribunal was whether the applicant's nominated position met the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates that for applicants in the Direct Entry stream, the position must be the subject of an approved nomination under the relevant regulations, and certain conditions must be met, including that the nominator is the prospective employer, the nomination has been approved and not withdrawn, and the visa application is made within six months of the nomination's approval.

The Tribunal reasoned that a key criterion for the visa is an approved nomination. It noted that the applicant's position nomination had been refused and was no longer available. As no evidence was presented to demonstrate an approved nomination, the Tribunal concluded that clause 187.233 was not satisfied. Since the applicant had only sought to meet the criteria for the Direct Entry stream and had failed to do so, the Tribunal affirmed the decision under review.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.