Zhu (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Acupuncturist. The applicant sought to satisfy the criteria for this visa, with their spouse and son also included as members of the same family unit. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the nominated position for an Acupuncturist had been approved by the Minister, as required by clause 187.233(3) of the Migration Regulations. This criterion is essential for satisfying the requirements of the Direct Entry stream for a Subclass 187 visa. The Tribunal also considered whether the nomination had been withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was made within six months of the nomination's approval.

The Tribunal found that on 17 April 2019, it had affirmed a decision refusing the approval of the nomination made by the Trustee for the Ping Ming Health Trust for the nominated position. As there was no evidence of an approved nomination, the Tribunal concluded that the applicant could not satisfy clause 187.233(3) of the Migration Regulations, nor could the other applicants satisfy the relevant secondary criteria for the visas sought. Consequently, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.