Ali (Migration)

This matter concerned an application for a Subclass 187 Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Direct Entry stream, for the position of Retail Manager. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994.

The central legal issue was whether the nominated position was the subject of an approved nomination as required by cl.187.233. This clause mandates that the nominated position must have an approved nomination, that the nominator must be the prospective employer, that the nomination must not have been withdrawn, and that certain conditions regarding adverse information and the timing of the visa application relative to the nomination approval must be met. The Tribunal also considered whether the applicant had been afforded procedural fairness, particularly in light of information provided by the Tribunal regarding the refusal of the nomination application.

The Tribunal reasoned that the applicant's nominated position was not the subject of an approved nomination because the nominator's application for approval of the nomination had been refused, and this refusal had been affirmed on review by the Administrative Appeals Tribunal. Consequently, a fundamental requirement for the grant of the visa under cl.187.233 was not met. The Tribunal had notified the applicant of this information and invited a response, but the applicant failed to provide a response within the prescribed period. The Tribunal was satisfied that the notification was sent to the applicant's correct email address.

As the applicant had not satisfied the essential criteria for the Subclass 187 visa in the Direct Entry stream, the Tribunal affirmed the decision not to grant the visa.