ABUL CASSIM (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have the decision of the delegate, which refused to grant the visa, reviewed by the Tribunal. The primary issues before the Tribunal were whether the applicant possessed competent English language proficiency and whether the applicant was the subject of an approved nomination.

The Tribunal was required to determine if the applicant met the English language proficiency requirement as defined in regulation 1.15C of the Migration Regulations 1994, which could be satisfied by achieving a specified score in an approved language test within the preceding three years or by holding a specified passport. Additionally, the Tribunal had to consider whether the nomination made by Starlight Services Australia NT Pty Ltd on behalf of the applicant for the position of Facilities Manager was approved, as required by clause 187.231 of the Regulations.

The Tribunal noted that while the applicant's initial application did not satisfy the English language requirement, evidence provided later demonstrated successful completion of a Pearson PTE test on 13 January 2023, achieving an overall score of 69. This satisfied the competent English requirement under subclause 187.232. However, regarding the nomination, the Tribunal observed that the nominator had lodged a nomination on 4 September 2019. Following a request for further information, including an employment contract, no evidence was supplied. Consequently, the delegate refused to approve the nomination under regulation 5.19(4).

As the applicant had only sought to satisfy the criteria for the Direct Entry stream of the Subclass 187 visa, and the requirements for an approved nomination had not been met, the Tribunal affirmed the delegate's decision not to grant the visa.