Ye (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision by the Respondent to refuse the visa. The Tribunal, constituted by Michelle East, was required to determine whether the applicant was the subject of a valid and approved nomination for the position of Public Relations Manager.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 187.233 of the Migration Regulations 1994, specifically concerning the validity and approval of the nomination. This clause requires, among other things, that the nominated position be located in regional Australia, that the applicant be identified in the nomination application (where made on or after 1 July 2017), that the nominator be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant had not satisfied the requirements of clause 187.233. This was because the nominator, Australian Blue Bird Brand Pty Ltd, had withdrawn its application for review of a prior decision. Consequently, the Tribunal determined that the applicant was not the subject of an approved nomination, as the original refusal of the nomination remained unchanged. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirements, the Tribunal affirmed the decision not to grant the visa.