Amisola (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Direct Entry stream for a Retail Manager position. The applicant sought to have a decision of the Tribunal reviewed.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the Subclass 187 visa, particularly in relation to the nomination requirements as set out in clause 187.233 of the Migration Regulations 1994. This clause mandates that the position must be the subject of an approved nomination, located in regional Australia, and, for nominations made after 1 July 2017, must identify the applicant. Further requirements include that the employer must be the nominator, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal's reasoning focused on the fact that the nomination for the Retail Manager position had not been approved. The Tribunal noted that on 8 July 2020, it had affirmed a decision refusing approval of the nomination in a related case. Consequently, the Tribunal concluded that the applicant could not satisfy the essential criteria under clause 187.233(3) for the Subclass 187 visa, as there was no evidence of an approved nomination.

Accordingly, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicant and any family members included in the application.