1803492 (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought review of a decision to refuse the visa. The core of the dispute revolved around the applicant's eligibility for the visa, particularly in light of the nominated position no longer being available and the applicant no longer being employed in that role. The decision was made by Alan McMurran of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of the relevant regulations, specifically regulation 187.212, for the Subclass 187 visa in the Direct Entry stream. This required the Tribunal to consider the circumstances surrounding the unavailability of the nominated position and the applicant's subsequent employment status, as well as any other relevant factors presented by the applicant.

The Tribunal considered the applicant's written submission, which explained that the nominated position became unavailable due to Cyclone Debbie's destruction, causing the employer to shut down. The applicant stated she was unable to continue employment and subsequently moved to Sydney, working for a different employer until experiencing racial discrimination, which led her to resign. She further explained that the COVID-19 pandemic hindered her ability to secure new regional employment. The applicant also highlighted her family's long-term residence in Australia and requested consideration on humanitarian grounds. Despite these submissions, the Tribunal found that the applicant had not satisfied the criteria for the Subclass 187 visa in the Direct Entry stream.

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