AGRAWAL (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, specifically within the Temporary Residence Transition stream. The applicant sought review of a decision to refuse the employer's nomination. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the nomination had been approved, as stipulated by clause 187.223 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa in the Temporary Residence Transition stream, with a particular focus on the requirement that the employer's nomination must have been approved. The Tribunal noted that the applicant had provided details of a nomination for the position of Accountant. However, the Tribunal had previously affirmed a delegate's decision not to approve this nomination on 24 September 2019.

The Tribunal's reasoning centred on the failure to meet clause 187.223(2), which mandates that the Minister has approved the nomination. Despite writing to the applicants regarding information relevant to this criterion, no response was received by the due date of 11 October 2019. Consequently, the Tribunal proceeded to a decision on the available information. As the nomination had not been approved, the Tribunal concluded that clause 187.223 was not satisfied.

The Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas, as the essential requirements for the Temporary Residence Transition stream had not been met.