ZOU (Migration)

This matter concerned an appeal by a visa applicant against a decision to affirm the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to be granted this visa, which requires the applicant to be the subject of an approved nomination.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the Subclass 187 visa, specifically concerning the requirement for an approved nomination. The Tribunal was required to determine if the nominated position was the subject of an approved nomination as stipulated by the relevant regulations, and if all associated conditions, such as the nominator being the employer, the nomination not being withdrawn, and the application being made within six months of nomination approval, were satisfied.

The Tribunal reasoned that for applicants in the Direct Entry stream, clause 187.233 of the Regulations mandates that the nominated position must be the subject of an approved nomination. The Tribunal noted that while a declaration regarding the nominated position had been made, and the intended employer was identified, the crucial requirement of an approved nomination had not been met. The Tribunal informed the applicant that a decision had been made to refuse the nomination on 11 August 2017, and that this would lead to the affirmation of the decision under review. The applicant acknowledged that without an approved nomination, his visa application could not be successful.

Consequently, as the requirements for the visa, particularly the need for an approved nomination, had not been met, the Tribunal affirmed the decision not to grant the applicant the visa.