Anuraag (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by the applicant, Anuraag. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was 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 Schedule 2 to the Migration Regulations. This clause mandates that the nominated position must be located in regional Australia, identified in relation to the applicant (for nominations made on or after 1 July 2017), and that the nomination must have been approved and not subsequently withdrawn. Further requirements include that the employer making the nomination is the prospective employer, there is no adverse information known to Immigration, the position remains available, and the visa application is made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's employer's nomination application had been refused by the Department. Although a review application was lodged with the Tribunal, it was subsequently withdrawn, and the Tribunal found it lacked jurisdiction to consider that matter. Consequently, the employer's nomination remained refused. The applicant did not provide any response or comment to the invitation to comment on this information. As the employer nomination had not been approved, the Tribunal concluded that the applicant failed to meet the criteria in clause 187.233.

The Tribunal affirmed the decision not to grant the applicant the Subclass 187 visa, as the essential requirements for the Direct Entry stream had not been met.