Ali (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to satisfy the criteria for this visa subclass. The core of the dispute revolved around whether the applicant was the subject of an approved nomination that had not been withdrawn, as required by regulation 187.233(3) of the Migration Regulations 1994. The decision under review was made by the Administrative Appeals Tribunal (AAT).

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa in the Direct Entry stream, specifically whether the nominated position had been approved and had not been subsequently withdrawn. Regulation 187.233 outlines several requirements for a nomination to be considered approved, including that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, and the position must still be available to the applicant.

The Tribunal found that the nominator's application for approval of the nomination was initially refused by the Department. While the nominator applied for a review of this refusal, they subsequently withdrew their application for review. The Tribunal accepted this withdrawal, concluding that it no longer had jurisdiction to review the delegate's decision regarding the nomination. Consequently, the Tribunal determined that the application for the nomination had not been approved and that the nominated position was therefore not approved. The applicant was invited to comment on this development but did not respond. As the applicant had not satisfied the essential criterion of being the subject of an approved nomination that had not been withdrawn, the Tribunal affirmed the decision not to grant the visa.