Ambookkan (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa. The applicant sought to have a decision affirmed by the Administrative Appeals Tribunal, which had refused to grant the visa. The core of the dispute revolved around whether the position to which the applicant's visa application related was the subject of an approved nomination as required by clause 187.233 of the Migration Regulations.

The Tribunal was required to determine if the applicant met the criteria set out in clause 187.233, specifically whether the nominated position was the subject of an approved nomination, whether the nominator was the intended employer, and whether the nomination had been approved and not subsequently withdrawn. The Tribunal also had to consider whether there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was made within six months of the nomination's approval.

The Tribunal's reasoning focused on the fact that the nomination lodged by Srikal Pty Ltd was refused on 28 June 2019. Although Srikal Pty Ltd applied for a review of this refusal, it subsequently withdrew its application for review on 3 September 2019, which was accepted by the Tribunal on 14 October 2019. The applicant acknowledged these facts. The Tribunal explained that in the absence of evidence of an approved nomination, it was inclined to affirm the delegate's decision. Despite the applicant's submissions regarding employment circumstances, the lack of a natural justice letter, and community contributions, the Tribunal found that there was no evidence that the position was the subject of an approved nomination.

Consequently, the Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas, as the applicant did not meet the criteria set out in clause 187.233.