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 Restaurant Manager. The applicant sought review of a decision not to grant the visa. The primary dispute revolved around whether there was an approved nomination for the position to which the visa application related, as required by clause 187.233 of the Migration Regulations.

The Tribunal was required to determine whether the applicant satisfied the criteria for the Subclass 187 visa, specifically whether the nomination for the Restaurant Manager position had been approved and had not been subsequently withdrawn. The Tribunal also considered whether the applicant had met the requirements of clause 187.233, including that the nominator was the prospective employer, that the position was still available, and that the visa application was made within six months of the nomination approval. The Tribunal also considered the visa applications of family members who relied on the primary applicant meeting the criteria.

The Tribunal reasoned that clause 187.233(3) requires the Minister to have approved the nomination. In this case, the Department had refused the nomination, and a previous review by the Tribunal had affirmed that refusal. The Tribunal had invited the applicant to comment on the absence of an approved nomination, but no response was provided. Consequently, the Tribunal found no evidence of an approved nomination for the position. As this essential criterion was not met, the Tribunal concluded that the applicant did not satisfy the primary criteria for the visa, and therefore, the secondary applicants also did not meet their criteria.

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