1928315 (Migration)

The Administrative Appeals Tribunal reviewed decisions made by a delegate of the Minister for Home Affairs refusing to grant Subclass 187 Regional Employer Nomination (Permanent) visas to the applicants. The primary applicant sought a visa to work as a retail manager in a business nominated by [Company 1]. The delegate's refusal was based on the absence of an approved nomination at the time of the decision. The application was heard concurrently with the review of the nomination refusal by [Company 1].

The Tribunal was required to determine whether the applicants met the criteria for a Subclass 187 visa, specifically in relation to the nominated position and the employer's nomination. This involved considering the validity of the nomination and whether any exceptional circumstances warranted a different outcome, particularly in light of events occurring after the nomination was lodged.

The Tribunal affirmed the delegate's decision to refuse the nomination, finding that unique or exceptional circumstances not anticipated by the legislation were not present. Although the business was sold between the application for review and the hearing, with the nominee continuing in the position under new ownership, this development did not alter the initial assessment of the nomination's refusal. The Tribunal noted that had the business not been sold, the nomination would likely have been approved. Consequently, the Tribunal affirmed the decision under review regarding the visa refusal and, for the reasons set out in the related nomination review decision, referred the case to the Department of Home Affairs for consideration of intervention under the public interest powers conferred by section 351 of the Migration Act 1958 (Cth).