Yi (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Business Liaison Officer. The applicant sought review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the refusal of the employer nomination by Values And HM Pty Ltd, trading as HappyToo.

The central legal issue before the Tribunal was whether the applicant satisfied clause 187.233(3) of the Migration Regulations 1994, which requires that the Minister has approved the nomination. This clause, as applicable, necessitates that the nominated position be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that the nominator has the financial capacity to employ the nominee full-time for at least two years. The Tribunal also considered whether the nomination identified the applicant and was made within six months of the visa application.

The Tribunal affirmed the decision to refuse the nomination, finding that the nominator, Values And HM Pty Ltd, lacked the financial capacity to employ the nominee in the nominated position full-time for at least two years, as required by regulation 5.19(4)(d). The Tribunal noted that the nominator's application for nomination had been refused by the Department of Home Affairs on 25 January 2019, and this refusal was subsequently affirmed by the Tribunal on 20 April 2022. The Tribunal also confirmed that the applicant understood the interpretation of the relevant criteria during the hearing.

Consequently, the Tribunal concluded that the decision under review should be affirmed, as the primary applicant could not be granted the visa if the nomination criterion was not met.