1700895 (Migration)

This matter concerned an application for review by [Company 1], the nominating employer, of the Department's refusal to approve a nomination for a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream. The Administrative Appeals Tribunal was required to determine whether the decision to refuse the nomination approval should be affirmed.

The primary legal issue before the Tribunal was whether the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994 had been met, specifically concerning the approval of the nomination. The Tribunal also considered allegations of harassment made by the applicant against an individual associated with the nominating employer.

The Tribunal affirmed the Department's decision to refuse the nomination approval. This was because the nominating employer failed to appear at the scheduled hearing before the Tribunal, resulting in the dismissal of their application for review. Consequently, the Tribunal found that the applicant could not satisfy clause 187.233(3) of the Regulations, which requires the nomination to have been approved. While the applicant provided submissions detailing allegations of harassment and attempted extortion by an individual named [Mr A] of [Company 1], these claims were not corroborated by any evidence. The Tribunal noted that the applicant had not reported this conduct to the authorities.