Aman (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to have the decision of the delegate of the Minister for Home Affairs, which affirmed the refusal of the visa, reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 187.233 of Schedule 2 to the Migration Regulations. Specifically, the Tribunal was required to determine if the applicant had an approved nomination from the sponsoring employer, B & D Partners Pty Ltd as The Trustee for B & D Partners Family Trust, which was necessary for the grant of the visa under the Direct Entry stream.

The Tribunal reasoned that subclause 187.233(3) mandates that the Minister must have approved the nomination for the visa to be granted. The evidence before the Tribunal indicated that the nomination lodged by B & D Partners Pty Ltd was refused by a delegate of the Minister for Home Affairs on 7 January 2019. Subsequently, B & D Partners Pty Ltd applied for a review of this nomination refusal, but the Tribunal found it had no jurisdiction to hear that review because the company had been deregistered and ceased to be a legal entity. Consequently, the applicant did not have an approved nomination, and therefore could not satisfy the primary criteria for the grant of the Subclass 187 visa in the Direct Entry stream.

The Tribunal affirmed the decision not to grant the applicant the visa, concluding that the applicant had failed to meet the essential requirements for the visa in the Direct Entry stream due to the lack of an approved nomination.