Zeng (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream, for the position of Sales and Marketing Manager. The applicant, Mrs Zheng, sought review of a decision not to grant the visa. The Tribunal, constituted by Senior Member Kate Millar, affirmed the original decision.

The primary legal issue before the Tribunal was whether Mrs Zheng met the primary criteria for the grant of the visa. This, in turn, determined whether the remaining applicants, who were secondary visa applicants, met the secondary criteria under clause 187.311 of the relevant regulations.

The Tribunal's reasoning focused on Mrs Zheng's failure to meet the primary criteria for the visa. Although the specific reasons for this failure are not detailed in the provided text, the outcome indicates that the nominated position did not satisfy the requirements outlined in subregulation 187.233, which pertains to the nominated position, the employer, the approval of the nomination, and the availability of the position. As Mrs Zheng did not meet the primary criteria, the secondary applicants could not satisfy their criteria either.

Consequently, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.