1504733 (Migration)

The applicant sought review before the Tribunal of a decision not to grant a Subclass 187 visa in the Direct Entry stream. The applicant's claims were based on a nomination by the Department of Health for the position of Disability Services Officer. The applicant provided evidence that the Department of Health had withdrawn its nomination and terminated his employment. He also indicated that he had lodged a new visa application based on a subsequent nomination for a similar position with a different employer, GIFSA.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 187 visa in the Direct Entry stream, specifically as set out in cl.187.233 of the Regulations. This involved considering whether the nominated position was approved, whether the nominator was the employer, whether the nomination had been withdrawn, whether the position remained available to the applicant, and whether the visa application was made within six months of the nomination approval. The Tribunal also had to consider the applicant's request for natural justice in light of the withdrawal of the nomination and termination of employment.

The Tribunal found that the Department of Health, as the sponsoring employer, had withdrawn its nomination on 18 February 2015, and that the position of Disability Services Officer with that employer was no longer available to the applicant. Consequently, the Tribunal concluded that the requirements of cl.187.233(3) and cl.187.233(5) were not met. The Tribunal noted that a new nomination by a different employer would not assist the applicant in relation to the current visa application under review, and that it had no discretion in the matter.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.