Youn (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant, Mr Sanghee Youn, was the nominee for a position nominated by Mr Wasabi Pty Ltd. The Department of Immigration had refused the employer's nomination application on 8 January 2018, and subsequently refused Mr Youn's visa application on the basis that he did not meet a specific regulatory requirement. The Administrative Appeals Tribunal (AAT) was asked to determine whether the employer's nomination had been approved.

The primary legal issue before the Tribunal was whether there was a valid and approved employer nomination for the position in question, which is a prerequisite for the grant of a Subclass 187 visa under the Direct Entry stream. The Tribunal also considered whether it had jurisdiction to review the refusal of the employer nomination itself, and the implications of the applicant's response, or lack thereof, to an invitation to comment on information that would likely lead to the affirmation of the decision under review.

The Tribunal reasoned that the employer's application for nomination approval had been refused by the Department, and a subsequent review of that refusal by the Tribunal had been found to be outside its jurisdiction. This meant that the employer's nomination had not been approved. As a valid and approved nomination is a mandatory requirement for the grant of the visa, and this requirement had not been met, the Tribunal concluded that the applicant did not satisfy the criteria for the visa. The Tribunal also noted that it had invited the applicant to comment on this critical information but had received no response.

Consequently, the Tribunal affirmed the decision not to grant Mr Youn's Regional Employer Nomination (Permanent) (Class RN) visa.