ZEB (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed that refused the visa. The core of the dispute revolved around whether the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994.

The Tribunal was required to determine whether the nominated position was the subject of an approved nomination in regional Australia, as required by clause 187.233. This included assessing whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination's approval. The Tribunal also considered the eligibility of the applicant's wife and daughter for secondary visa criteria.

The Tribunal affirmed the decision not to grant the visa. It found that the delegate's decision to refuse the nomination by SBZ Group Pty Ltd on 1 July 2019 was a critical factor. Despite requests for further information and extensions granted to the nominator, the Tribunal concluded that the requirements of clause 187.233 were not met. Specifically, the Tribunal noted that the nomination had been refused by the Department. Furthermore, the Tribunal affirmed the decision not to grant visas to the applicant's wife and daughter, as they did not meet the secondary criteria for family unit members and had not demonstrated they met the primary criteria in their own right.