1515967 (Migration)

This matter concerned an application for a Subclass 187 visa in the Direct Entry stream. The applicant sought review of a decision not to grant this visa. The Tribunal was required to determine whether the applicant met the criteria for this visa subclass, specifically cl.187.233 of the Regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of cl.187.233, which outlines the conditions for a Direct Entry nomination in regional Australia. This included whether the nominated position was the subject of an approved nomination, whether the nominator was the prospective employer, and whether the nomination had been approved and not withdrawn. The Tribunal also considered whether there was any adverse information concerning the nominator or associated persons.

The Tribunal found that the applicant's nomination by Braussie International Student Services Pty Ltd was refused on 20 October 2015. The Tribunal affirmed this decision to refuse the nomination on 25 July 2016. Consequently, the Tribunal concluded that the applicant did not meet the requirement under cl.187.233(3) that the nomination must have been approved. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet these requirements, the Tribunal affirmed the decision not to grant the visa.