Ali (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant's nominating employer, AA Altone Investments Pty Ltd, had its application to approve the nominated position refused by the Department. This refusal was subsequently affirmed by the Tribunal on review. The applicant then received a letter from the Tribunal under s 359A of the Migration Act 1958 (Cth), outlining the information that would likely lead to the affirmation of the decision under review, namely the refusal of the employer's nomination application.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically concerning the requirement for an approved nomination. The Tribunal was required to determine if the position nominated by AA Altone Investments Pty Ltd was the subject of an approved nomination, as mandated by clause 187.233 of the Migration Regulations 1994 (Cth). This clause outlines several conditions, including that the nomination must be approved and not subsequently withdrawn, and that the applicant must be identified in relation to the nominated position.

The Tribunal reasoned that the employer's nomination application had been refused by the Department and that this decision was affirmed by the Tribunal on review. Consequently, the nomination had not been approved. The Tribunal had notified the applicant of this critical fact and invited a response, but no substantive response was provided. As the requirement for an approved nomination was a prerequisite for the grant of the visa under the Direct Entry stream, and this requirement had not been met, the Tribunal concluded that the decision under review must be affirmed.

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