Adhikari (Migration)

This decision concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision by the Department of Immigration and Border Protection to refuse their visa application. The primary issue was whether the applicant was the subject of an approved nomination for the position in question.

The Tribunal was required to determine whether the applicant met the criteria for the Direct Entry stream of the subclass 187 visa, specifically clause 187.233, which mandates that the position to which the visa application relates must be the subject of an approved nomination. This includes requirements that the nominating employer is the prospective employer, the nomination has been approved and not withdrawn, and the visa application is made within six months of the nomination approval.

The Tribunal found that the applicant was not the subject of an approved nomination. While the employer, RRPL Global Pty Ltd, had lodged a nomination, it was refused by the Department. A subsequent review application lodged by the employer with the Tribunal was withdrawn by a representative of the company, meaning the Tribunal had no jurisdiction to review the Department's refusal. Consequently, the Tribunal concluded that the applicant could not satisfy the requirement of being the subject of an approved nomination, as a refused nomination, even with a withdrawn review application, could not be relied upon to meet the Schedule 2 criteria.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas. The Tribunal also found that the second applicant, who was seeking a visa as a family member, did not meet the secondary criteria and there was no evidence she met the primary criteria in her own right.