Ali (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to be employed as a Café or Restaurant Manager.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, specifically focusing on the requirements relating to an approved nomination for the position. The Tribunal considered clause 187.233, which mandates that the position must be the subject of an approved nomination, that the nominator must be the prospective employer, and that the nomination must not have been withdrawn. Further requirements included the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that while the applicant had lodged a visa application on 1 March 2018, and a nomination application had been made by Sindh Holdings Pty Ltd for the position of Café or Restaurant Manager, this nomination was ultimately refused by the Department on 9 September 2019. Subsequent attempts by Sindh Holdings Pty Ltd to seek review of this refusal were unsuccessful, with the Tribunal finding it had no jurisdiction to review the Department's decision on 31 January 2022. Consequently, as the nomination for the position had not been approved, the Tribunal concluded that the requirement under cl 187.233(3) was not met.

As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet the essential requirement of an approved nomination, the Tribunal affirmed the decision not to grant the visa.