1502286 (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa. The applicant sought review of a decision to refuse the approval of a nomination made by TLC Foods Pty Ltd. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position for applicants in the Direct Entry stream.

The central legal issue was whether the nominated position met the criteria stipulated in clause 187.233. This clause requires, among other things, that the nomination has been approved and has not been subsequently withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered the implications of the applicants' failure to respond to a section 359A notice issued by the Tribunal.

The Tribunal affirmed the decision not to approve the nomination, finding that the applicant did not satisfy clause 187.233. This conclusion was based, in part, on the applicants' failure to provide comments or respond to information provided by the Tribunal within the prescribed period, which meant they were not entitled to a hearing under section 360(3) of the Migration Act 1958. Consequently, as the primary visa applicant did not satisfy the primary criteria, the Tribunal found that the secondary applicant also did not satisfy clause 187.311 and affirmed the decision in relation to both applicants.