Ali (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry scheme. The applicant sought to have a decision affirmed by the Administrative Appeals Tribunal (the Tribunal) reviewed. The primary issue revolved around whether the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria under cl.187.233, specifically concerning the nomination of a position. This clause mandates that the nominated position must be located in regional Australia, be the subject of an approved nomination application, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. Further requirements include that the employer must be the nominator, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), the position must remain available to the applicant, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the nomination application lodged by A&A.1 Pty Ltd on behalf of the applicant had been refused by the Department on 7 December 2016, and this decision was affirmed by the Tribunal on 15 February 2018. Consequently, the Tribunal concluded that the applicant did not meet the requirements of cl.187.233 at the time of its decision. The Tribunal also affirmed the decision not to grant the second to fifth named applicants a Subclass 187 visa, as they did not meet the secondary visa criteria as family members, nor did they meet the primary criteria in their own right.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.