Ahmad (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have the decision of the Department of Home Affairs, which refused the visa, set aside. The Tribunal was required to consider whether the applicant met the criteria for the visa, specifically clause 187.233, which pertains to the nomination of a position in regional Australia.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994. This clause mandates, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that there is no adverse information known to the Department about the nominator or associated persons, or that such information is reasonable to disregard. A further requirement is that the visa application must be made within six months of the nomination's approval.

The Tribunal noted that it had previously affirmed the Department's decision to refuse a nomination in respect of JACMAH ENTERPRISES PTY LTD on 21 April 2021. Consequently, the Department's original decision to refuse the nomination stood. The Tribunal had invited the applicant to provide comments on information that would likely lead to the affirmation of the decision under review, specifically relating to the lack of an approved nomination. As the applicant failed to provide these comments within the prescribed timeframe, and no extension was granted, the Tribunal proceeded to make a decision without further steps, pursuant to section 359C of the Migration Act 1958. The Tribunal concluded that the applicant had not met the requirements of clause 187.233, as there was no approved nomination.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa.