Abraham (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, made by Mrs Abraham. The applicant was sponsored by Ross River Species Pty Ltd, trading as Paradise Bar and Restaurant, for the position of Café/Restaurant Manager. The core of the dispute revolved around the status of the nomination application lodged by the sponsoring business.

The legal issue before the Tribunal was whether there was an approved nomination in relation to Mrs Abraham's visa application. The applicant contended that the business owner intended to reopen the restaurant and sought additional time for this to occur, or alternatively, to secure a nomination from another sponsor. However, the Tribunal was required to determine if the existing nomination was valid and had been approved, as this was a prerequisite for the visa grant.

The Tribunal reasoned that the nomination application made by Ross River Species Pty Ltd had been refused by the Department of Immigration. While the nominator had lodged an application to review this refusal, the Tribunal found it lacked jurisdiction to consider that review because the company had been deregistered. Consequently, there was no approved nomination in place for Mrs Abraham's visa application, and the Tribunal had no discretion to extend time or overlook this requirement under clause 187.233(3) of the Migration Regulations. The Tribunal affirmed the decision not to grant the visa.