Zhao (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the Direct Entry stream. The core dispute revolved around whether the applicant met the eligibility criteria for this visa subclass, specifically concerning the requirement for an approved nomination.

The Tribunal was tasked with determining if the visa applicants satisfied the criteria for the grant of the Subclass 187 visas. This involved assessing whether the nominated position met the requirements of clause 187.233 of the Regulations, which mandates that the position be the subject of an approved nomination. Key aspects of this criterion include the employer being the nominator, the nomination being approved and not withdrawn, the absence of adverse information concerning the nominator, the continued availability of the position, and the visa application being lodged within six months of the nomination's approval.

The Tribunal's reasoning focused on the absence of an approved nomination. It was established that the corporate trustee company, 136 The Parade Pty Ltd ATF 136 The Parade Trust, which acted as the nominator, was not a registered company at the time of the hearing, as its Australian Company Number (ACN) had lapsed. Consequently, the nominator did not satisfy the requirements of regulation 5.19(4)(b) for the approval of the nomination. The Tribunal informed the applicant that without an approved nomination, the applicants would not meet the necessary criteria under clause 187.233(3), leading to the likely refusal of their visa applications.

Based on these findings, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas, as the essential criterion of having an approved nomination was not met.