Yin (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant, a 27-year-old from China, had previously entered Australia as a high school student and had returned to China in early 2020 due to a family issue. The core dispute revolved around whether the applicant met the requirements for the approval of the nomination under the Direct Entry stream, specifically concerning the necessity of an approved business sponsor.

The primary legal issue before the Tribunal was to determine if the applicant satisfied all the requirements stipulated in regulation 5.19(4) for the approval of a nomination under the Direct Entry stream of the Subclass 187 visa. This included assessing whether the nominated position was located in regional Australia, whether the applicant was identified in relation to the position, and crucially, whether the applicant had an approved standard business sponsor, as required by clause 187.233.

The Tribunal's reasoning focused on the applicant's own admissions and the evidence presented. The applicant confirmed that she did not have a standard business sponsor, acknowledging that her previous sponsor, Opak, had been refused. Despite the applicant's assertion that the sponsor decision was unreasonable and her belief that she could not apply due to her current visa status, the Tribunal found that the absence of an approved standard business sponsor was a failure to meet a mandatory criterion. Consequently, the Tribunal concluded that the applicant did not satisfy clause 187.233(3) and, as no claims were made regarding other visa streams, the decision under review was affirmed.