Akhtar (Migration)

This matter concerned an appeal by an applicant 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 affirming the refusal of their employer's nomination. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria under clause 187.233(3) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant's employer nomination had been approved, as required by cl. 187.233(3). This clause mandates that the nomination must be approved and not subsequently withdrawn, among other conditions, such as the position being available and the visa application being lodged within six months of the nomination's approval. The Tribunal also considered whether there was any adverse information concerning the nominator or associated persons that could not be disregarded.

The Tribunal reasoned that the employer nomination had not been approved. This was because the Tribunal itself had affirmed a prior decision to refuse the employer nomination on 23 June 2021. The Tribunal gave no weight to a section 375A certificate as it related to confidential departmental policies. As the nomination had been refused and this refusal was affirmed by the Tribunal, the requirement under cl. 187.233(3) that the nomination be approved could not be met. Consequently, the Tribunal affirmed the decision under review.