Zhang (Migration)

This matter concerned an application for review of a decision not to grant Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, to the applicants. The Tribunal, comprising Terrence Baxter (Presiding) and Bridget Cullen, was tasked with determining whether the applicants met the requirements of cl.187.233 of Schedule 2 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position met the criteria stipulated in cl.187.233. This clause requires, among other things, that the position be the subject of an approved nomination in regional Australia, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that the visa application is made within six months of the nomination's approval. A further consideration was whether the second applicant, Siwen Liu, met the criteria for a secondary applicant under cl.187.311, which depends on the primary applicant satisfying the criteria for the visa.

The Tribunal found that the application for nomination for the position of Office Manager had not been approved, and therefore, there was no approved nomination for the purposes of the application. The Tribunal noted that it had written to the applicant on two occasions inviting them to provide material or respond to information, including the withdrawal of the nomination application, but no response was received. Consequently, the Tribunal concluded that cl.187.233 was not met. As the primary applicant had not met the requirements for the visa, the Tribunal also found that the second applicant, Siwen Liu, did not satisfy cl.187.311.

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