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, Direct Entry stream. The applicant sought to rely on a nomination made by West Fuel Pty Ltd. The Tribunal was required to determine whether the applicant met the criteria for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 187.233 of the Migration Regulations 1994, which requires, among other things, that the position to which the visa application relates be the subject of an approved nomination. The Tribunal also considered the applicant's response, or lack thereof, to an invitation to comment on information that would likely lead to the affirmation of the decision under review.

The Tribunal reasoned that the nomination lodged by West Fuel Pty Ltd had been refused by a delegate of the Minister for Home Affairs on 22 February 2019, and this refusal was not subject to review by the Tribunal, as it had previously found it had no jurisdiction to review that decision. Consequently, the nomination was not approved and had not been subsequently withdrawn, meaning a key requirement of clause 187.233 was not met. Despite being invited to comment on this and other relevant information, the applicant requested an extension of time, indicating his employer was unreachable and he needed more time to organise documentation. The Tribunal granted an extension but ultimately affirmed the decision under review.

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