1830217 (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicants sought to have the decision affirmed. The primary applicant was to be employed as a Cafe or Restaurant Manager.

The central legal issue before the Tribunal was whether the applicants met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause mandates, among other things, that the position to which the application relates must have been the subject of an approved nomination, that the nominator must be the prospective employer, that the nomination must not have been withdrawn, and that the position must still be available to the applicant.

The Tribunal noted that on 8 June 2021, it had affirmed the Department's decision to refuse a nomination in respect of the named employer. Consequently, the Department's earlier decision of 27 August 2018 to refuse the nomination stood. The Tribunal advised the applicants that this was relevant because clause 187.233(2) requires an approved nomination. In response, the applicant's husband stated that the employer had permanently shut down their business. Despite expressing sympathy for the applicants' personal circumstances, the Tribunal found that the primary applicant did not satisfy the primary criteria for the visa, and therefore the secondary applicants, as members of the family unit, also did not satisfy the criteria.

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