Akram (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The dispute centred on the applicant's eligibility for this visa, specifically whether the nomination associated with the position had been approved by the Minister.

The primary legal issue before the Tribunal was whether the applicant could satisfy the criterion in sub-regulation 187.233(3) of the Migration Regulations, which requires that the Minister has approved the nomination in favour of the visa applicant. The Tribunal also had to consider the applicant's submissions regarding his current employment status and his efforts to find a new sponsor, particularly in light of his original nominator having withdrawn their offer due to business downturns.

The Tribunal reasoned that the applicant had only sought to satisfy the criteria for the Direct Entry stream of the Subclass 187 visa. It noted that a fundamental requirement for this visa stream is an approved nomination by the Minister for the specified position, which had not been met. While the applicant indicated he was seeking new sponsorship and was currently employed by Amazon, this did not fulfil the existing regulatory requirement for an approved nomination from a specific nominator for a specific position. The Tribunal applied the principles outlined in sub-regulation 187.233, which mandates an approved nomination that has not been withdrawn and for which the position remains available.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, as the essential requirement of an approved nomination had not been satisfied.