1506531 (Migration)

[2016] AATA 4391

1506531 (Migration) [2016] AATA 4391 (1 September 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Gurpreet Singh

CASE NUMBER:  1506531

DIBP REFERENCE(S):  BCC2014/2771853

MEMBER:David Dobell

DATE:1 September 2016

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa

Statement made on 01 September 2016 at 9:36am

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration to refuse to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied to the Department of Immigration for the visa on 20 October 2014. At the time of application, Class RN contained one subclass: Subclass 187 (Regional Sponsored Migration Scheme). The criteria for a Subclass 187 visa are set out in Part 187 of Schedule 2 to the Migration Regulations 1994 (the Regulations). Applicants seeking to satisfy the primary criteria must meet the 'Common criteria', as well as the criteria of one of three alternative visa streams: the Temporary Residence Transition stream, the Direct Entry stream, or the Agreement stream.

3. In the present case, the applicant is seeking the visa in the Direct Entry stream, to work in the nominated position of retail manager. The delegate refused to grant the visa because the applicant did not meet cl.187.233 of Schedule 2 to the Regulations as there was no approved nomination.

4. The applicant appeared before the Tribunal by videolink on 19 August 2016 to give evidence and present arguments. This was a combined hearing with the related nomination refusal, MRD No: 1504100. The applicant was represented in relation to the review by his registered migration agent, who also attended the hearing.

5. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

   Nomination of a position

6. For applicants in the Direct Entry stream, cl.187.233 requires that the position to which the application relates be the subject of an application for approval of a nominated position under r.5.19(4)(h)(ii) of the Regulations (that is, a Direct Entry nomination in regional Australia), or under r.5.19(4) as it was prior to 1 July 2012 (that is, a Regional Sponsored Migration Scheme nomination). The position must be the one that was the subject of the declaration that was required to be made as part of the current visa application.

7. In the related nomination matter, the Tribunal has this day made a decision to affirm the decision under review and refuse the nomination. 

8. Thus the Tribunal is not satisfied that the nomination has been approved and has not been subsequently withdrawn, and hence cl.187.233 is not met.

9. The applicant has only sought to satisfy the criteria for a Subclass 187 visa in the Direct Entry stream. No claims have been made in respect of the other visa streams. As the requirements that must be met by a person seeking the visa in the Direct Entry stream have not been met, the decision under review must be affirmed.

   DECISION

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

    David Dobell
    Member